Maryland Personal Injury Blog

Court Relies on Video Evidence in Maryland Personal Injury Claim Against Police Officer

December 24, 2019 | by Foran & Foran, P.A.

A Maryland personal injury action may be brought for accidental or reckless conduct, or in some cases, intentional acts. In an April 25, 2019 decision, the Court of Special Appeals of Maryland reviewed a case alleging claims of civil assault and excessive force by the police. After a jury found in favor of the plaintiff, the verdict was appealed.

The case arose out of a traffic stop involving a police officer and a driver. The officer attempted to pull over the driver, but he continued driving for about a mile, making several turns and running a red light before coming to a stop. A video camera recorded the subsequent events.

The driver got out of his vehicle and started walking towards the police car. Reportedly, when the officer opened his door, the driver charged at him. The police officer fired four gun shots at the driver before he was subdued. The driver was taken to the hospital and treated for injuries. He died of other causes later that year. The driver’s wife filed a lawsuit against the police officer on behalf of the estate. After a trial, the jury returned a verdict against the officer on the estate’s civil assault and excessive force claims.

Boulevard Rule Allows Plaintiff to Successfully Appeal Judgment in Maryland Auto Accident Case

December 23, 2019 | by Foran & Foran, P.A.

A car crash may be the result of multiple factors, including negligence on the part of both drivers. In a May 3, 2019 Maryland car accident case, the Court of Special Appeals of Maryland considered the issue of the plaintiff’s negligence. The plaintiff appealed the matter after the trial jury found her partially responsible for the collision, thus barring her recovery.

The accident occurred at an intersection controlled by flashing red and yellow traffic lights. The plaintiff was traveling on the eastbound road, which was controlled by a flashing yellow light. The defendant was on the southbound road with the flashing red light. As the plaintiff approached the intersection, she claimed that the defendant pulled out in front of her between cars that were stopped in the westbound lanes. The plaintiff could not stop in time and collided into the defendant’s vehicle.

The plaintiff brought suit against the defendant, who asserted that the plaintiff was contributorily negligent. The plaintiff argued that the defendant could not establish that defense because she entered the intersection with the right of way and, as such, was not negligent as a matter of law.

Plaintiff Brings Maryland Medical Malpractice Claim for Car Crash Injuries After Settling with Auto Insurer

December 22, 2019 | by Foran & Foran, P.A.

When multiple parties contribute to a plaintiff’s injuries, the plaintiff may benefit from the guidance of a Maryland personal injury attorney. In these types of cases, Maryland law allows the plaintiff to recover the amount of damages that fully compensates the plaintiff for his or her injuries, and no more. Once that amount has been completely satisfied, the plaintiff cannot pursue compensation from other tortfeasors for the same injuries.

This issue was recently addressed in an April 29, 2019 case decided by the Court of Appeals of Maryland. The plaintiff in the case brought a medical malpractice action against the hospital that treated her for injuries she suffered in car accident. After undergoing surgery for injuries caused by the accident, the plaintiff developed an infection. The antibiotics were given through a Peripherally Inserted Central Catheter (“PICC line”), which was inserted into her left arm. During the insertion, however, the PICC line punctured the plaintiff’s brachial artery. As a result, the plaintiff underwent vascular surgery to repair her brachial artery.

The medical malpractice suit was filed after the plaintiff had settled a prior action against her insurance company and the negligent driver that caused the accident. As a result of the settlements, the plaintiff received compensation for the injuries she suffered in the accident. The question for the court was whether the plaintiff was therefore barred by the one satisfaction rule from recovering compensation from the hospital on her medical malpractice claim.

Maryland Court Examines Effect of Plaintiff’s Negligence in Personal Injury Case

December 22, 2019 | by Foran & Foran, P.A.

To succeed on a Maryland negligence claim, the plaintiff must establish each elements of the cause of action. In addition, the plaintiff may have to address the theories of defense offered by the defendant. In an April 17, 2019 case, the Court of Special Appeals of Maryland examined the issue of contributory negligence in a Maryland personal injury action. The matter was on appeal after a lower court dismissed the plaintiff’s claims on summary judgment.

The plaintiff in the case was injured when he fell into a pothole. The injury occurred as the plaintiff was walking to a convenience store at night. In order to avoid debris blocking the sidewalk from a recent fire, the plaintiff crossed into the street. As he was walking, his left foot went into a pothole and he fell, injuring his finger. Due to the severity of the injury, the plaintiff’s finger was amputated.

The plaintiff filed a negligence action against the property owner, alleging that it was negligent in failing to divert people from the area of pavement that created a hazardous condition, and in failing to properly maintain the property or warn pedestrians of the dangerous condition. The defendant argued that the plaintiff was negligent in failing to keep a look out while walking, and as such, could not succeed on his claim against the defendant.

Maryland Auto Accident Victim Seeks Litigation Costs After Insurance Company Settles Claim for $30,000

April 24, 2019 | by Foran & Foran, P.A.

If an insurance company refuses to cover your injuries after a Maryland car accident case, you may have to take legal action. In some situations, you may be able to recover your attorney’s fees and court costs in bringing the lawsuit. In an April 16, 2019 case, the Court of Special Appeals of Maryland considered whether an auto insurance company should have been ordered to pay the plaintiff’s attorney’s fees and costs after she successfully obtained a settlement.

The plaintiff in the case was injured in a motor vehicle collision in Maryland. The driver who caused the accident was in a rental car at the time. He was insured by the defendant insurance company under a policy issued to him in West Virginia, which provided liability coverage up to $20,000. Following the accident, the plaintiff filed a personal injury suit against the driver. The defendant offered to settle the suit for the coverage limits of the driver’s policy. The plaintiff refused the settlement offer, asserting that because the accident occurred in Maryland, the other driver should have been covered for up to $30,000 for bodily injury liability.

The plaintiff sought a declaratory judgment from the court to establish that $30,000 of liability coverage was available to her under the other driver’s insurance policy. The defendant ultimately offered her $30,000 to settle the case, which she accepted. The plaintiff then filed a motion for attorneys’ fees and costs based upon the declaratory judgment action she had pursued against the defendant. When the court denied the request, the plaintiff appealed.

Maryland Jury Awards Plaintiff $50,000 for Injuries Caused by Multi-Vehicle Collision

April 24, 2019 | by Foran & Foran, P.A.

Some personal injury actions are complicated due to the involvement of multiple defendants and competing theories of liability. In an April 3, 2019 Maryland car accident case, the Court of Special Appeals reviewed a jury verdict in favor of the plaintiff, which resulted in a judgment against the two defendants.

The plaintiff in the case was injured in a three-car accident. The first defendant owned the vehicle that caused a chain reaction collision. On the night of the accident, the first defendant was socializing at a restaurant bar with a man she had met that night. Believing that she was too intoxicated to drive, she allowed the man to drive her vehicle because she had not seen him consume any drinks. During the drive, the man began driving erratically and at an excessive rate of speed. While being pursued by police, the first defendant’s vehicle struck the median past a traffic intersection and became airborne, traveling over three other cars before crashing into the side of the street.

The plaintiff alleged that, after the first defendant’s vehicle came to a stop, the second defendant’s vehicle suddenly accelerated through the intersection, hit the median, and struck the front driver’s side of her vehicle. Throughout the case, the second defendant maintained that he was rendered unconscious as a result of being hit by the first defendant’s vehicle, and that his incapacitation led him to strike the plaintiff’s vehicle. The plaintiff testified that she could not determine whether the second defendant was unconscious as his vehicle approached hers, nor could she recall how much time had passed after the first defendant crashed and when the second defendant’s vehicle struck her car.

Maryland Court Upholds Verdict for Plaintiff in Medical Malpractice Lawsuit Against Neurosurgeon

April 9, 2019 | by Foran & Foran, P.A.

In a Maryland medical malpractice case, the jury instructions are generally important for members of the jury to understand and apply the law to the evidence presented at trial. Sometimes, the instructions provided to the jury may be grounds for appeal. In January 25, 2019 opinion, the Court of Appeals of Maryland considered whether it was improper for the trial court to give instructions on both the standard of care for general negligence and the higher standard of care for a physician in a medical malpractice case.

The plaintiff in the case had sought medical treatment from the defendant after he experienced numbness in his fingers and intermittent neck and shoulder pain. The defendant recommended surgery to remove damaged discs from the plaintiff’s spine and fused vertebrae in his neck. After the defendant had performed the surgery, the plaintiff developed an infection at the location of the operation. The plaintiff was hospitalized as a result of the infection, and remained hampered by a severely limited range of motion.

The plaintiff sued the defendant for medical negligence and failure to obtain informed consent. At trial, the court gave the jury a general instruction on negligence using the reasonable person standard, i.e., that negligence is failing to use the caution, attention, or skill of a reasonable person would use under similar circumstances. The court also gave an instruction that specifically addressed the negligence of a health care provider, which read: a health care provider is negligent if he does not use that degree of care and skill which a reasonably competent health care provider engaged in a similar practice and acting in similar circumstances would use. The jury returned a verdict in favor of the plaintiff on the first count for medical negligence.

Surgeon Sues Co-Surgeon After Career-Ending Injury in Maryland Negligence Case

April 8, 2019 | by Foran & Foran, P.A.

Accidents involving power tools or other dangerous equipment may result in serious and life-altering injuries. In a February 19, 2019 case, the plaintiff brought a Maryland negligence claim against the defendant after suffering an injury that ended his career as a surgeon. Following an eight-day trial, the jury found that the defendant was not negligent. The plaintiff appealed to the Maryland Court of Special Appeals.

The plaintiff and defendant were both orthopedic surgeons at the same hospital. The accident occurred during a bilateral knee replacement surgery, in which the plaintiff was operating on the patient’s left knee, while the defendant simultaneously operated on the patient’s right knee. During the procedure, a surgical technician handed the defendant a loaded pin driver in order to place a pin into the patient’s bone. As the defendant brought the pin driver forward, it made contact with the plaintiff’s left elbow.

Shortly after the incident, the plaintiff felt weakness and a loss of sensation in his left arm and hand along with poor coordination and restricted movement. Thereafter, the plaintiff learned that his nerve was permanently damaged and could not be repaired with surgery. The hospital considered the plaintiff disabled and terminated his contract.

Maryland Court Considers Liability of School Board After Students Win Lawsuit Against School Employee

April 7, 2019 | by Foran & Foran, P.A.

Personal injuries may arise out of many diverse situations, including the workplace. In some cases, if someone caused an injury while on the job, their employer may be held liable for negligent hiring and supervision. In a February 21, 2019 case, three students brought a Maryland negligence claim against the school board based on the conduct of one of its employees. The students’ claims against the school board were dismissed by the circuit court, but they ultimately prevailed on their claims against the employee.

The case arose out of an incident between the students and a school police officer. The students alleged that, for no apparent reason, the officer had physically assaulted them with her hands, pepper spray, and her baton. The officer later pleaded guilty to three counts of second-degree assault. The students filed lawsuits against the officer for assault and against the school board for negligent hiring, retention, supervision, and credentialing.

The circuit court dismissed the plaintiffs’ claims against the school board with prejudice, following a summary judgment motion. The matter proceeded to trial on their claims against the officer. The jury ultimately found that the officer had violated the constitutional rights of the students and awarded them damages totaling $280,000. The plaintiffs subsequently asked the school board to satisfy the judgments. When the school board refused, the students filed a motion with the circuit court, arguing that the board must indemnify the officer because the acts were committed within the scope of her employment. The court granted the motion, and the school board appealed.

Plaintiff Alleges Maryland Negligence Claim Against Parking Lot Owner After Armed Robbery

April 6, 2019 | by Foran & Foran, P.A.

Under Maryland premises liability law, a landlord may be held responsible if its negligence caused a personal injury to a tenant. In a March 1, 2019 case, the plaintiff filed a Maryland negligence claim against his landlord after he was assaulted on the premises. A lower court held that under the circumstances alleged by the plaintiff, the defendant did not have a duty to protect the plaintiff from criminal activity. The plaintiff appealed the ruling to the Court of Special Appeals of Maryland.

The plaintiff in the case paid the defendant a monthly free to park his ice cream truck on its premises. After parking his truck one night, the plaintiff was robbed and shot multiple times by two armed assailants. The plaintiff argued that, due to a prior robbery that had occurred in the parking lot several years ago, the defendant owed the plaintiff a duty to protect him from the foreseeable risk of harm of the robbery.

In Maryland, a negligence claim requires four elements: (1) the defendant was under a duty to protect the plaintiff from injury, (2) the defendant breached that duty, (3) the plaintiff suffered an injury, and (4) the injury was caused by the defendant’s breach of duty.