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  1. #1
    Nobody mconlonx's Avatar
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    ME SJC rules in favor of cyclist

    Maine high court upholds $750,000 award to bicyclist hit by school bus
    The Supreme Judicial Court rejected an appeal by the bus company seeking to overturn last year's jury verdict in favor of Romanian student Monica Semian.
    BY SCOTT DOLAN STAFF WRITER

    The Maine Supreme Judicial Court has upheld a $750,000 judgment awarded to a Romanian college student who was run over by a school bus in 2010 while riding a bicycle in Ogunquit.

    The state’s high court, in a 7-0 decision Tuesday, rejected an appeal by Ledgemere Transportation Inc. arguing that the bicyclist should be considered liable because she rode past the bus on the right.

    -----------------------------

    Our state bike org, Bicycle Coalition of Maine (BCM) also contributed help to the cause.
    I know next to nothing. I am frequently wrong.

  2. #2
    Not quite there yet Matariki's Avatar
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    There must be more to the story. It sounds like the cyclist put herself at risk by passing the bus on the right while it was turning. If that is truly what happened, it's hard to believe that the courts would rule this way. I suspect that the more likely reality is that the bus passed the cyclist and then turned right.

    Glad she survived this. Most don't.
    Any information, no matter how good, will always under-represent reality.
    -paraphrasing J a r o n L a n i e r

  3. #3
    rugged individualist wphamilton's Avatar
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    Depends on the how the state handles comparative negligence Matariki. But to a casual reading Maine would actually throw it out so I was curious about the "pass on the right at her own risk" part.

    It is explained in detail here Monica L. Semian v. Ledgemere Transportation Basically the court found the statute to be ambiguous and had to interpret it by looking at precedent and other similar statutes, and ultimately decided that it applies only if she knowingly assumed the risk. If there had been a sign for instance. And a bit more serpentine legal reasoning if you care to slog through it.

  4. #4
    Not quite there yet Matariki's Avatar
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    Quote Originally Posted by wphamilton View Post
    Depends on the how the state handles comparative negligence Matariki. But to a casual reading Maine would actually throw it out so I was curious about the "pass on the right at her own risk" part.

    It is explained in detail here Monica L. Semian v. Ledgemere Transportation Basically the court found the statute to be ambiguous and had to interpret it by looking at precedent and other similar statutes, and ultimately decided that it applies only if she knowingly assumed the risk. If there had been a sign for instance. And a bit more serpentine legal reasoning if you care to slog through it.
    Thanks for posting that. The court did assign her partial responsibility. This was not clear in the news article. Also not clear was that bus was straddling both the straight and turn lanes, allowing the cyclist plenty of room on the right and no doubt confusing her about its intentions.
    Any information, no matter how good, will always under-represent reality.
    -paraphrasing J a r o n L a n i e r

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