Evening star., 1957-12-14
Defining Negligence
fSee editorial. Gross Neg


(See editorial. Gross Neg
lt0ence.
An article in the Decem-
Der 7 issue of The Evening
Star prompted me TO write
this. II stated that Judge w.
b. Moore Of Upper Marlboro
Police Court had cleared
Levin Deery OF manslaugh-
ter charges in an automobile
accident that occurred July
%. 1857. In addition 10 in
juring three other passen-
gers besides himself. 20-year-
old Deery took the lives Of
45-year-old Kenneth Lari-
gey. Sr.. and his l9-year -old
daughter Anna. His 40-year-
old wife. Irene. spent several
months in the hospital with
severe injuries. She Is home
now but continues TO suffer
the effects OF her fractured
body Kenneth. jr.. II years
old. was also injured. and he
and his mother will spend
the rest Of their lives suffer-
ing hardships. and a broken
home as well, because Of the
loss OF their loved ones.
But Deery was cleared of
manslaughter and merely
had TO pay a $3.50 fine on
three traffic charges grow
Ing out of the accident:
Speeding. failure TO drive on
the right side Of the road
and reckless driving by coll
Nding.
Must we sit back compla-
Gently and permit such lax.
ily IN our law enforcement?
Why are drivers who kill
and injure others allowed TO
continue 10 drive? Would ii
not be just on our part to
insist that these people, who
have, by their own actions.
proved that they are inca
pable of driving safely. be
prevented from driving for
years or even forever. de-
pending on the seriousness
OF their violations?
Mrs. Rosemary b. Miller.
Referring to the recent ar
ticle in The Star. Man in
Crash Is Cleared of Charge"
] wish to ask your readers:
Has justice triumphed?
l do not profess to know
anything about the intricate
machinery Of the law, but 1t
seems to me that handing
down a decision such as
Judge Moore's only makes
driving the more hazardous.
The driver was as guilty as If
he had pulled the trigger OF
a loaded gun. Such a man
should not be permitted to
operate a motor vehicle for
the rest OF his life. Yet he
was given the green light to
repeat his wanton destruc-
ton. Who will be next? Will
1t be you. or your loved ones?
Our laws are too lenient.
Some sort OF legislation
should be passed to protect
innocent citizens from wan
ton killers. We don't have
laws strong enough
Bill Zavecky.
The Star on December 7
states "ManSlaughter charges
against the driver OF car
involved in a head-on COLI
sion that killed two persons
and injured six others were
dismissed by a Prince
Georges County police court
judge yesterday. He said
there was no evidence of
gross negligence. :"
The only thing we can
say" the Judge was quoted.
'is that the driver had some
thing to drink and he was
driving around a curve and
he was driving fast and he
was on the wrong side OF the
road" But the Judge said.
these factors In themselves
do not constitute gross neg
liRence."
Webster defines gross
Camong other thingsl as
plain. manifest: obvious; in
sensitive: and negligence
tamong other things as
failure to exercise the care
that the circumstances just
ly demand.
Gross negligence then, II
would seem, should be de-
fined as plain. manifest. and
obvious failure TO exercise
the care that the circum-
stances justly demand. In
this day OF rising highway
fatalities. what is more plain.
manifest or obvious than
this: That drink. fast drivA
ing, and failure to observe
road signs, center lines and or
stay In the proper lane while
rounding q curve are among
the chief causes OF highway
accidents. Any person so in
sensitive 10 the life and we'll
being Of himself ana others
v failing TO eHarcise ss care