Premises liability law holds a property owner accountable for injuries that occur on that individual’s or entity’s property. Victims often bring a personal injury claim alleging negligence on the part of the owner, as the plaintiff did in Watson v. J.C. Penney Corp., Inc. (D. Md. Nov. 30, 2015). In…
In a recent car accident case, the Court of Special Appeals of Maryland reviewed a jury verdict returned in favor of the defendant. In Lewin v. Balakhani (Md. Ct. Spec. App. Aug. 17, 2016), the defendant was stopped over the median line with the intention of making a left-hand turn.…
The Court of Special Appeals of Maryland addressed the legal concept of assumption of risk in a recent car accident case involving intoxicated driving. In Evans v. Shores (Md. Ct. Spec. App. Sept. 8, 2016), the plaintiff was aware the defendant had been drinking when she got into his truck.…
In a recent opinion, the Court of Special Appeals of Maryland reviewed a lower court’s decision granting summary judgment against the plaintiff in a lead paint exposure case. In Carter v. Hous. Auth. of Baltimore City (Md. Ct. Spec. App. Sept. 8, 2016), the plaintiff brought a personal injury lawsuit…
In some cases, a medical malpractice claim may be brought after the statutory deadline for filing if it falls under a tolling exception. One of those exceptions may allow a mentally incompetent person to bring an action after the typical filing deadlines. In Kratz ex rel. Kratz-Spera v. MedSource Cmty.…
The Court of Special Appeals of Maryland recently reviewed a case involving a property owner’s liability for exposure to lead paint. In Christian v. Levitas (Md. Ct. Spec. App. Aug. 1, 2016), the plaintiff brought a negligence claim against the defendant after blood tests revealed elevated levels of lead while…
In some car accident cases, issues concerning insurance coverage can become an integral part of litigation, since individual defendants may not have the financial resources available to pay an award of damages to plaintiffs. In a relevant opinion, Weiskerger v. Paik’s Decorators, Inc. (Md. Ct. Spec. App. Apr. 29, 2016), the…
In a recent decision, the Court of Special Appeals of Maryland addressed the issue of contributory negligence in a car accident case. In Yanes v. Mamado (Md. Ct. Spec. App. July 12, 2016), the plaintiff filed suit against the defendant and the defendant’s employer following a motor vehicle accident. At…
In a recent appeal, a Maryland plaintiff won her right to pursue a wrongful death claim against a nursing home after her mother died under its care. Specifically, the Court of Special Appeals of Maryland in Futurecare Northpoint, LLC v. Peeler (Md. Ct. Spec. App. July 28, 2016) addressed the…
In rare cases, a defendant may be relieved from liability due to immunity provided by law. In Ward v. Rebuilding Together Baltimore, Inc. (Md. Ct. Spec. App. June 8, 2016), the court was faced with the question of whether the plaintiff was barred from recovering from a charitable organization in a negligence…