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Maryland Personal Injury Blog

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Maryland Court of Special Appeals Rules Defendant’s Lack of Insurance Admitted in Error, Reverses Jury Award

In a case published earlier this year, Asphalt & Concrete Servs., Inc. v. Perry, 108 A.3d 558 (2015), the Maryland Court of Special Appeals decided the question of whether evidence of a defendant’s lack of liability insurance is admissible for purposes of establishing a negligent hiring claim. The plaintiff sustained…

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Maryland Court Allows Plaintiff to Bring Wrongful Death Suit Based on Same Conduct as Prior Personal Injury Case

The Maryland Court of Special Appeals recently filed an unreported opinion in the case of McQuitty v. Spangler, Md. Ct. Sp. App. (2015), in which they decided the issue of whether the decedent’s survivors could bring a wrongful death action for the same conduct as the underlying personal injury action,…

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Maryland Court of Appeals Rules Medical Malpractice Suit Barred by Statute of Limitations

In a recently published opinion, the Maryland Court of Appeals examined the issue of whether or not the statutory savings clause for medical malpractice actions applies to a voluntary dismissal by stipulation between the parties. The court in Wilcox v. Orellano clarified that the exception to the limitations period does…

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Maryland Court of Special Appeals Addresses Discovery Issue in Lead Paint Suit

In a recent opinion, the Maryland Court of Special Appeals decided whether a trial court erred in refusing to allow plaintiff’s lead-paint inspection of a non-party’s home. In Johnson v. Franklin, the plaintiff had filed a lead-paint poisoning suit against a defendant property company that had previously owned the house.…

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Maryland Court Rules in Favor of Insurance Company in Car Accident Settlement Case

A recent case decided by the Maryland Court of Appeals addressed the issues of whether an insurance company may waive its right to receive written notice of a settlement offer from a motor vehicle insurance liability insurer, as required under Md. Code Ann., Ins. § 19-511, and whether the insurance…

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Maryland Court of Special Appeals Rules for Student’s Family in Wrongful Death Pedestrian Accident Case

In a decision published this spring, Davis v. Board of Ed. for Prince George’s County, Md. Ct. Sp. App. (2015), the Maryland Court of Special Appeals made a ruling following a granting of a motion for Judgment Not Withstanding the Verdict (JNOV). In the case, a 13-year-old student was hit by…

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Maryland Court Allows Habit Evidence of Doctor in Medical Malpractice Action

A newly issued decision from the Court of Special Appeals of Maryland addresses the admissibility of testimony regarding a doctor’s customary practice in a medical malpractice suit. The court held that the trial court acted within its discretion in admitting habit evidence regarding an emergency room physician’s procedures when examining…

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Maryland Court of Special Appeals Affirms Summary Judgment in Slip and Fall Case

In a recent slip and fall case, Zilichikhis v. Montgomery County, Md. Ct. Sp. App. (2015), the Maryland Court of Special Appeals had before it a case arising out of an 82-year-old man’s slip and fall inside a parking garage owned and operated by a governmental agency. The plaintiff had been…

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Maryland Court of Special Appeals Rules Against Co-Worker Liability in Garbage Truck Injury Case

In a recent workers’ compensation case, Blue v. Arrington, Md. Ct. Sp. App. (2015), the Maryland Court of Special Appeals had before it the issue of an individual attempting to seek compensation due to the alleged negligence of his co-worker in causing his personal injuries suffered while on duty. The case…

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Court of Appeals of Maryland Finds Underinsured Motorist Policy Applicable in Single Vehicle Car Accident Settlement Case

The Court of Appeals of Maryland recently had before it an appeal stemming from a single-vehicle car accident. In the case, Brethren Mutual Ins. v. Buckley, 86 A. 3d 665 (2014), the plaintiff was a front-seat passenger in a vehicle driven by her boyfriend that was involved in an accident, causing the…

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