Maryland Personal Injury Blog

Maryland Plaintiffs Wins Appeal to Bring Wrongful Death Action Against Shopping Center

September 19, 2018 | by Foran & Foran, P.A.

Most civil legal actions must be filed within prescribed periods, known as the statute of limitations and the statute of repose, or the plaintiffs may be barred from bringing suit. However, there are exceptions, and in some cases, Maryland law may allow plaintiffs to pursue a their claim long after the allegedly negligent actions of the defendants. In a June 25, 2018 Maryland wrongful death case, the Court of Appeals considered whether the plaintiffs could hold the defendants liable under an exception to the statute of repose.

The victim in the case needed access to the roof of a restaurant to repair an HVAC unit. He placed a ladder on an exterior wall of the building that seemingly led to the roof, but instead, simply enclosed an open air area. After mounting the wall, the plaintiff fell 20 feet over the other side, sustaining fatal injuries. The plaintiffs filed suit against several defendants, including the owner and the manager of the shopping center in which the restaurant was located. The building, however, was completed 22 years ago, which was beyond the 20 year limit imposed by the state of repose. The defendants argued that the exception to the statute of repose asserted by the plaintiffs only applied in asbestos cases.

A statute of repose shields certain groups, designated by the legislature, from liability after a certain period of time. Under Maryland’s statute of repose, a plaintiff is prohibited from bringing a claim for wrongful death resulting from an improvement to real property more than 20 years after the improvement. There are exceptions to the statute listed in its subsections. The first is a possession and control exception, which allows the plaintiff to bring an action against a defendant who was in actual possession and control of the property as owner, tenant, or otherwise when the injury occurred, despite the statute of repose. While the other subsections of the statute relate to claims against manufacturers and suppliers of asbestos products, the possession and control exception makes no mention of them.

Plaintiff Allowed Extension to Meet Procedural Requirements in Maryland Medical Malpractice Case

September 18, 2018 | by Foran & Foran, P.A.

The procedures for bringing a Maryland medical malpractice action can be complicated in some cases. In a June 28, 2018 decision, the Court of Special Appeals of Maryland considered whether the plaintiff could pursue a claim against his doctor and hospital after the circuit court dismissed his case for failing to comply with requirements of the Maryland Health Care Malpractice Claims Act (Act). The primary issue for the appeals court was whether the lower court’s dismissal was improper.

The plaintiff in the case underwent heart surgery and, following medical complications, was admitted to the intensive care unit. In the ICU, he developed pressure ulcers, which required additional treatment. He filed a claim against the defendants, alleging negligence in failing to implement procedures to prevent the ulcers and failing to treat them.

To initiate a claim under the Act, a plaintiff must first file his claim with the Health Care Alternative Dispute Resolution Office and, within ninety days, submit a certificate of a qualified expert attesting to the alleged negligence. The plaintiff can then waive arbitration and file suit in circuit court. The certificate must meet specific requirements, one of which is to identify the allegedly negligent physician by name. If the certificate is not filed or it is insufficient, the claim will be dismissed, unless a 90 day extension is granted for the plaintiff to submit a valid certificate.

Department Store Customer Injured in Escalator Accident Pursues Maryland Negligence Claim

September 9, 2018 | by Foran & Foran, P.A.

In some Maryland negligence cases, it is difficult to determine exactly how the victim’s personal injury occurred. Legal recourse may nevertheless be possible under the doctrine of res ipsa loquitur if the jury could infer that negligence on the part of the defendant was more probable than not responsible for the victim’s injury. The Court of Special Appeals of Maryland addressed whether the doctrine of res ipsa loquitur applied in a June 25, 2018 case involving an escalator injury.

The plaintiff in the case was using the escalator in a department store in the mall. She was injured when the escalator stopped suddenly. The plaintiff brought suit against the companies which owned, operated, and/or maintained the escalator. However, the lower court granted the defendants’ motion for summary judgment because the plaintiff failed to designate an expert witness on the issue of liability. The plaintiff appealed, contending that, as she had met her burden to apply the doctrine of res ipsa loquitur, expert testimony was unnecessary.

In Maryland, a plaintiff seeking to rely on the doctrine of res ipsa loquitur must establish that the accident was one that does not ordinarily occur absent negligence, that the accident was caused by an instrumentality exclusively within the defendant’s control, and the accident was not caused by an act or omission of the plaintiff. If the plaintiff can prove these elements, then the issue of negligence may be presented to a jury, which may then choose to infer a defendant’s negligence without the aid of any direct evidence.

Maryland Court Concludes Expert Testimony Necessary in Car Accident Case Against Insurance Company

September 6, 2018 | by Foran & Foran, P.A.

After a car accident, a claim for medical expenses and other damages is typically submitted to the insurance company. If the insurance company delays or refuses to pay the claim, however, accident victims may be unsure of their legal recourse. Many people choose to hire a Maryland car accident attorney to file an insurance claim on their behalf and represent them in any subsequent legal action. A lack of legal knowledge and training could be detrimental in bringing a lawsuit against a big insurance company.

In a June 12, 2018 case, the plaintiff represented himself in a lawsuit against his insurance company to recover medical bills, lost wages, and other damages. The plaintiff in the case had been involved in a motor vehicle accident with an uninsured motorist. The plaintiff’s insurance company paid him the $2,500 policy limit of his personal injury protection benefits as a result of the accident. Thereafter, the plaintiff sought additional coverage pursuant to his uninsured motorist policy for medical expenses he incurred approximately six months after the accident to treat whiplash. The insurance company rejected the claim, and the plaintiff filed a lawsuit with the Maryland circuit court.

The plaintiff’s bad faith claim and claim for punitive damages were dismissed by the court, and the matter went to trial on the breach of contract claim. At trial, the plaintiff attempted to introduce his medical records and bills without expert testimony. The court sustained the insurance company’s objection, ruling that the plaintiff could not testify as to the medical opinions, diagnoses, or amount of the bills. Consequently, and due to the lack of expert testimony, the court granted the insurance company’s motion for judgment, concluding that the plaintiff had failed to prove his claim that the insurance company had breached their contract. The plaintiff then appealed to the Court of Special Appeals of Maryland.

Maryland Plaintiff’s Delay in Seeking Medical Care Is No Defense for Doctor Who Subsequently Treated Him

August 30, 2018 | by Foran & Foran, P.A.

Knowing when to seek medical treatment can be a complicated and very personal decision. Whether that decision has any effect on a health provider’s liability for negligence was the issue in an April 26, 2018 Maryland medical malpractice case before the Court of Special Appeals.

The plaintiff in the case filed a medical malpractice claim against his physician, alleging that the physician negligently cut the plaintiff’s bile duct while surgically removing his inflamed gallbladder. Before visiting the physician, the plaintiff had gone to the emergency room for stomach pains. The plaintiff left, however, before the condition could be diagnosed, and he waited an additional 11 days before seeking treatment again from the defendant, who performed the surgery.

The defendant denied any negligence and further alleged, as a defense, that the plaintiff was contributorily negligent in failing to timely seek treatment for severe abdominal pains. The jury ultimately found that the defendant was not negligent. The plaintiff appealed, arguing that the defense was improper because any alleged contributory negligence occurred before he sought treatment from the defendant.

Maryland Wrongful Death Action Filed Against Home Warranty Company and Its Contractors After Deaths from Carbon Monoxide Poisoning

August 28, 2018 | by Foran & Foran, P.A.

In a tragic Maryland wrongful death case, five people residing in a house died from carbon monoxide poisoning in their sleep. The source of the leak was a negligently installed bathroom ventilation fan, which was connected to a flue carrying carbon monoxide gas from the water heater to the roof vent. On the evening they died, someone had left on the bathroom fan. Due to the improper fan connection, the carbon monoxide entered the rooms occupied by the victims.

The spouses and children of the victims brought suit, alleging negligence claims against the home warranty company that covered repairs to appliances in the house, two independent contractors with which the home warranty company contracted to do the repairs, and other defendants. The trial court ruled that the home warranty contract absolved the independent contractors from any duty to address rust and holes in or around the flue pipes, and it granted summary judgment in favor of the independent contractor defendants. The plaintiffs appealed the matter to the higher court.

In Maryland, negligence actions generally require proof of the elements of duty, breach, causation, and damages. In reviewing whether the trial court erred by finding the independent contractor defendants did not owe a duty to the victims, the appeals court looked at the provisions of the contract between the home warranty company and the homeowners, as well as the agreements between the home warranty company and the independent contractors. The court held that nothing in either of the agreements limited or controlled the work that the independent contractors could perform. As a result, the home warranty company did not control the independent contractors, and nothing in the agreements precluded the existence of any other duty owed by the contractors to the victims.

Plaintiff Granted New Trial After Successful Appeal in Maryland Car Accident Case

August 27, 2018 | by Foran & Foran, P.A.

If you are seeking compensation from the person responsible for your injuries, fair legal proceedings are important. An experienced Maryland car accident attorney can assert your rights at trial by objecting to the submission of prejudicial evidence. As demonstrated in a May 18, 2018 car accident case, the admission of certain documents and testimony in a jury trial could have a significant impact on the outcome.

The plaintiff in the case was rear-ended by the defendant while she was stopped in traffic. The plaintiff filed suit against the defendant, alleging that she was injured as a result of his negligent driving. One of the defenses asserted by the defendant was that his brakes failed. After a three-day trial, a jury found that the defendant was not negligent. One of the plaintiff’s major arguments on appeal was that the trial court erred by allowing evidence of a repair invoice. The invoice contained notes written by the mechanic about information he obtained from the defendant, as well as statements regarding the repairs made to the defendant’s vehicle.

It was undisputed that the statements contained in the invoice concerning the condition of the defendant’s brakes were hearsay. Hearsay is generally inadmissible, unless it falls under an exception. The trial court admitted the invoice under the residual exception. The residual exception to the hearsay rule provides that a hearsay statement that otherwise does not fall under any other exception may be admitted if it is relatively trustworthy, if it is more probative as to an issue than any other evidence that can reasonably be obtained, if advance notice of the statement is provided, and if doing so will best serve the interests of justice.

Maryland Appeals Court Reviews the County’s Liability After Plaintiff Wins Lawsuit Involving Off-Duty Police Officer

August 24, 2018 | by Foran & Foran, P.A.

Many people who have suffered injuries due to negligence may seek compensation for medical bills and other losses in a Maryland personal injury claim against the responsible parties. Determining who may be held responsible, however, can be complicated in some situations. A May 23, 2018 case before the Court of Special Appeals of Maryland shows how the issue may affect a plaintiff’s claim.

The plaintiff in the case alleged that she was battered by an unknown, off-duty County police officer while the officer was working as outside security for a nightclub. The incident occurred after the plaintiff’s sister was escorted out of the club by the bouncers. Once outside, one of the officers was tasked with removing her from the property. Her sister punched the officer and ran to attack another patron being escorted out. The plaintiff yelled at her sister to stop fighting, waving her arms. At that point, one of the off-duty police officers grabbed the plaintiff’s arm, twisted it behind her back, and pushed her, causing her to fall to the ground. The plaintiff suffered a broken arm and injuries to her shoulder, hand, and ankle.

The plaintiff filed negligence claims against the nightclub as well as the County, arguing that the officer was acting within his scope of employment with the County when the incident occurred. The trial court agreed and granted a motion for judgment in favor of the plaintiff. The issue of damages was submitted to the jury, which awarded the plaintiff approximately $70,000. The County appealed, arguing that the scope of employment was an issue of fact for the jury to decide.

Maryland Jury Awards $44 Million for Death of Premature Infant in Medical Negligence Case

August 23, 2018 | by Foran & Foran, P.A.

If medical negligence is suspected in the death of a loved one, a Maryland wrongful death attorney may be consulted to investigate and identify potential legal claims and responsible parties. In a tragic case before the Court of Special Appeals on May 18, 2018, the parents of an infant born via gestational carrier brought a negligence claim against the doctor and fertility clinic that facilitated and supervised the pregnancy. The premature infant survived only 21 days before her death.

The plaintiffs in the case had entered into a gestational carrier contract with a woman who agreed to surrogate their child. The woman failed to disclose her history of pregnancy complications, however, and the defendant-doctor proceeded with an embryo transfer without obtaining the woman’s prior medical records and clearance from the woman’s regular obstetrician. After a successful embryo transfer, the woman became pregnant with the plaintiffs’ child. Just 25 weeks into the pregnancy, the woman developed severe, life-threatening preeclampsia and underwent an emergency C-section delivery. The infant succumbed to an infection and died not long after her birth.

Eventually, a review of the woman’s medical records revealed that during her last pregnancy, also as a gestational carrier, she developed preeclampsia and delivered the baby prematurely. Medical experts testified that preeclampsia is known to worsen with each pregnancy, so the woman’s medical history should have disqualified her from being a gestational carrier. After trial, the jury found the defendants liable for medical negligence. The infant’s estate and the parents were awarded over $44 million in non-economic damages, although that amount was reduced by the statutory cap.

Evidence Regarding Hazardous Condition in Convenience Store Crucial in Maryland Premises Liability Case

August 21, 2018 | by Foran & Foran, P.A.

An accident victim who asserts a Maryland negligence claim against another person or business has the burden of establishing certain legal elements. A May 10, 2018 decision by the Court of Special Appeals of Maryland discussed the requirements necessary to survive a summary judgment motion by the defendant in a premises liability case. The question for the court was whether the evidence was sufficient to prove that the defendant was liable for the plaintiff’s injury.

The plaintiff in the case was injured at the defendant’s gas station convenience store while buying food and gasoline for her car. After she had placed a food order from the made-to-order counter, the plaintiff walked toward the exit to proceed with filling her gas tank. On her way out the door, her foot caught on the rubbed edge of a rug that was upturned, causing her to fall and sustain injuries. The plaintiff alleged that the employee behind the food counter told her that the rug was up a little bit. The plaintiff subsequently filed suit against the owner of the convenience store, alleging negligence.

In Maryland premises liability cases, a property owner owes a duty of care to keep the premises in a reasonably safe condition. An owner is only liable for injuries caused to invitees by a condition on the property if he or she knows of the condition, or would have known by exercising reasonable care, and should realize that it involves an unreasonable risk of harm, should also expect that the invitees will not discover or realize the danger or will otherwise fail to protect themselves against it, and furthermore fails to exercise reasonable care to protect them against the danger. However, the owner is not required to insure the invitee’s safety or constantly patrol the property to discover potential hazards.