Man Awaiting AAA Tow Truck is Struck by Another Motorist, Metro Verdicts Monthly, Volume 15 Issue 10

Case Caption: Nathan Goodman v. Elizabeth Voss and AAA MidAtlantic, Inc. v. Werking, Inc.

Settlement: $130,000 

Judge: Louise Scrivener 

Settlement Date: 5/1/2003 

Attorneys:Plaintiff: Steven VanGrack, Rockville

Defendant: James S. Wilson, RockvilleAlan B. Neurick, Silver Spring; Sanford A. Friedman, Washington

Facts: A motorist who was struck by another vehicle while waiting for AAA emergency road assistance agreed to settle his personal injury claim for $130,000. 

At approximately 10:30a.m. on August 19, 2001, Plaintiff Nathan Goodman was sitting in the passenger seat of his of his vehicle. The disabled vehicle was parked on a gravel area off the right shoulder of River Road near Maidens Bower Drive in Montgomery County, where plaintiff had been directed to park by a police officer. Plaintiff contacted Defendant AAA for emergency road assistance. He alleged he was told a tow truck would arrive within and claimed to have called AAA six separate times over the next several hours regarding the status of the tow truck. At 3:15p.m., Defendant Elizabeth Voss, who was operating a vehicle on River Road, veered off the roadway and onto the right shoulder where she collided with plaintiff’s vehicle. The vehicles were totaled and removed from the scene by police tow trucks. 

Plaintiff alleged that Voss failed to maintain proper control of her vehicle. Plaintiff further alleged that he was a current member of AAA and had used AAA’s services on prior occasions. According to the plaintiff, AAA, through its Member Benefits, guarantees that: (1) “AAA [is] committed to safety of you and your family;” (2) “Emergency Road Service assists you in an emergency when your vehicle cannot be driven;” and (3) “the Club makes every attempt to provide prompt, reliable and efficient service.”

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