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…
Maryland Personal Injury Blog
Imprecise Record-Keeping May Disqualify Experts in Maryland Medical Malpractice Cases Under the Twenty Percent Rule
Retaining legally qualified experts to testify in your medical malpractice case is a crucial part of a successful claim. The Court of Special Appeals of Maryland discussed some of these requirements in a recent medical malpractice case, Streaker v. Boushehri (Md. Ct. Spec. App. Sept. 28, 2016). In Streaker, the plaintiff…
Maryland Court Explains Tolling Exception for Medical Malpractice Claim of Person with Legally Appointed Guardian
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.…
Maryland Court Allows Plaintiff to Proceed in Lead Paint Lawsuit Against Property Owner
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…
Court of Appeals of Maryland Rules Hosts Who Allow Underage Drinking on Their Property May Be Liable to Injured Third Parties
In an important decision, Maryland’s highest state court held that a social host who illegally allows alcohol to be consumed by an underage person on his or her property owes a duty to another person injured as a result. In Kiriakos v. Phillips (Md. July 5, 2016), the Court of…
Maryland Court Rules Expert Testimony Required to Establish Plaintiff’s Claim for Lack of Informed Consent
The Court of Special Appeals of Maryland recently reviewed a personal injury case in which a patient sued her doctor for a failed sterilization procedure. In Tyler v. Judd (Md. Ct. Spec. App. June 30, 2016), the plaintiff sought treatment from her doctor to schedule a tubal ligation. She alleged…
Maryland Court Orders Insurance Company to Cover Loss for Wrongful Death Claims Arising Out of Car Accident
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…
Maryland Plaintiffs May Bring Wrongful Death Action Despite Successful Personal Injury Claim of Decedent
In a newly issued decision, the Court of Appeals of Maryland settled the question of whether surviving family members can bring a wrongful death action based on the same alleged conduct as a personal injury claim won by the decedent before his death. In Spangler v. McQuitty (Md. July 12,…
Maryland Court Addresses Contributory Negligence of Plaintiff in Car Accident Case
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…
Maryland Plaintiff Wins on Appeal in Slip and Fall Case Against Convenience Store
In a victory for the plaintiff, the Court of Special Appeals of Maryland reversed summary judgment in a personal injury case, allowing her to proceed with her suit against the defendant. In Smith v. Rite Aid of Maryland, Inc. (Md. Ct. Spec. App. May 19, 2016), the plaintiff suffered injuries…