Under Maryland law, drivers owe a duty of care to other road users to avoid causing harm. These duties include behaviors such as following traffic rules, maintaining proper licensure, and modifying behaviors to comport with inclement weather. However, the duties become muddled when the accident or injury results from a…
There are instances where a Maryland injury victim has a condition that may increase the severity of damages after an accident. The law frequently refers to these individuals as “eggshell plaintiffs.” The colloquial term “eggshell plaintiff” derives from comparing a person with a typical skull to one with a fragile…
When someone is injured in a Maryland accident and decides to file a personal injury lawsuit, their case may end up going to trial. Many people imagine trials look like how they appear on television—two lawyers arguing in front of a judge, questioning witnesses, and making a passionate appeal to…
A Maryland Appellate Court recently issued a written opinion discussing the heightened standard for proving gross negligence in a Maryland wrongful death lawsuit. According to the court’s opinion, in early March of 2011, the victim woke up around one in the morning with chest pains. The victim’s wife called 9-1-1,…
Among a judge’s many roles is the responsibility to instruct the jury on the applicable law of the case. Generally speaking, a judge has discretion in how the jury is instructed; however, a judge’s instructions must accurately state the law. A recent Maryland medical malpractice case presented to the Maryland…
When someone is injured in a Maryland DUI accident, it is conceivable that there are multiple liable parties. Of course, the motorist who was driving drunk is the most obvious party; however, it would seem logical that the individual or establishment that overserved the intoxicated driver also bears some responsibility.…
Earlier this month, the Maryland Court of Appeals issued an opinion in a case that was brought by the surviving family members of a man who was killed while working as a ranch-hand for the defendant. The case gave the court the opportunity to discuss when a defendant’s potentially fraudulent…
Earlier this month, the Maryland Court of Appeals issued a written decision in a case brought by a woman who claimed that she suffered exposure to lead while living in the defendant’s property over 20 years ago. Since the plaintiff moved out of the defendant’s property, it had been torn…
In a recent case in front of the Fourth Circuit Court of Appeals, the court refused to hold an employer liable for an employee’s criminal actions that took place while the employee was off duty. This was the court’s refusal to expand the Maryland state-law doctrine of “respondeat superior.” The…
Due to a law enacted in the 1980s, Maryland plaintiffs are limited in the amount they are able to recover from municipalities across the state. According to an article by the Washington Post, this has led one woman to challenge the law that kept her from retaining the $11+ million award…