In many personal injury cases, procedural rules may require the plaintiff to produce specific types of evidence to prove his or her legal claim. In an opinion released on April 17, 2017, the Court of Special Appeals of Maryland considered whether the plaintiffs could proceed with their negligence claims against…
Maryland Personal Injury Blog
Maryland Court Decides Whether County Owes Duty to Foster Child in Wrongful Death Action
Injuries that are caused by the careless actions of more than one person may give rise to legal recourse against multiple defendants. In a March 17, 2017 wrongful death decision, the Court of Special Appeals of Maryland considered whether the county was liable for the death of a two-year old child…
Maryland Plaintiff Appeals Decision in Lead-Based Paint Case Against Daycare Property Owner
Lead-based paint injuries are common in Maryland, and they often result in litigation against negligent landlords and property owners. In an April 5, 2017 decision, the Court of Special Appeals of Maryland reviewed a lower court’s order granting summary judgment on the plaintiff’s personal injury claim against several property owners.…
Maryland Court Discusses Hospital Liability and Corporate Negligence in Medical Malpractice Case
It is not uncommon for an injured plaintiff to bring a medical malpractice claim against more than one defendant on differing theories of negligence. In a March 21, 2017 opinion, the Court of Special Appeals of Maryland reviewed a negligence and wrongful death action brought by the surviving plaintiffs against…
Maryland Plaintiff Pursues Negligence and Contract Claims Against Doctor After Failed Appendectomy
The Court of Special Appeals of Maryland reviewed an interesting medical malpractice case on March 17, 2017 concerning a botched appendectomy. The plaintiff in the case alleged that her doctor failed to completely remove her appendix when he performed the surgery. She brought suit against the doctor for negligence and…
Maryland Court of Special Appeals Allows Plaintiff to Proceed with Medical Malpractice Against Podiatrist
In Maryland, a medical malpractice action must be filed against a health care provider within a certain time period, or it may be dismissed. In a February 22, 2017 decision, the Court of Special Appeals of Maryland reviewed a negligence claim filed by the plaintiff against her podiatrist, which had…
Maryland Court Decides Appeal Involving Pedestrian Fall on Icy, Broken Sidewalk
A negligence claim can arise out of any number of circumstances, including accidents that occur on the property of individuals or businesses due to their carelessness. These are specifically known as premises liability claims. In a relevant decision issued on February 23, 2017, the Court of Special Appeals of Maryland…
Maryland Plaintiffs Succeed in Lawsuit Against Auto Insurance Company for Coverage of Wrongful Death Claim
In many car accident cases, disputes can arise regarding insurance coverage for certain types of injuries. In Kivitz v. Erie Ins. Exch. (Md. Ct. Spec. App. Apr. 29, 2016), the Court of Special Appeals of Maryland considered whether an automobile insurance policy containing a household exclusion barred the wrongful death…
Maryland Court Identifies Definition of Elevated Blood Lead Level for Negligence Claims
Lead exposure continues to be an ongoing problem in communities throughout Maryland. The Court of Special Appeals of Maryland recently considered a lawsuit involving lead-based paint in a February 9, 2017 opinion. The plaintiff filed a negligence claim alleging that she suffered permanent injuries from exposure to lead paint as…
Maryland Court Examines a Manufacturer’s Duty to Warn Household Members in Asbestos Case
One of the requirements to establish a negligence claim is a duty on the part of a defendant owed to the victim. In a recent opinion, the Court of Special Appeals of Maryland analyzed the scope of the duty to warn as it applies to a manufacturer of asbestos-containing products. …