Earlier this month, a state appellate court issued a written opinion in a car accident case in which the plaintiff’s vehicle was struck by a drunk driver. The case required the court to determine if the defendant’s prior convictions for driving under the influence could be admitted at trial. Ultimately, the…
Maryland Accident Law Blog
The Concept of “Assumption of the Risk” in Maryland Personal Injury Cases
When a party files a personal injury case against a defendant, the defendant has the opportunity to argue one or more defenses in hopes of escaping liability. In some cases, the ultimate determination comes down to which witness is more believable. However, in other cases, the facts are not necessarily…
Plaintiff’s Failure to Comply with Procedural Requirement Results in Dismissal of Lawsuit
Last month, a Georgia appellate court issued a written opinion in a personal injury case arising out of a car accident between the plaintiff and a government employee. Since the case was filed against a government entity, the plaintiff had to comply with certain additional requirements. One of the requirements was that…
Evidence of Subsequent Remedial Measures May Be Admissible in Some Cases
In personal injury trials, the judge acts as the gatekeeper to determine which evidence the jury should hear. In making these evidentiary decisions, the judge must apply the appropriate rule of evidence. While the rules of evidence present a good guideline to assist a judge in making these decisions, issues often…
Court Determines Puddle of Rainwater Did Not Constitute “Dangerous Condition” in Premises Liability Case
Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability case brought by a woman who was injured when she slipped and fell after stepping in a puddle on a train platform. The appellate court ultimately affirmed the lower court’s granting of summary judgment…
The Importance of a Thorough Pre-Trial Investigation to Discover All Potentially Liable Parties
Being involved in a serious accident is a traumatic experience. Often, along with the weeks or months of physical recovery, there is a lengthy emotional recovery process as well. Many times, people may suffer from nervous episodes or may refrain from engaging in certain activities. These are understandable side effects…
The Dangers of Carbon Monoxide and What Can Be Done to Prevent Exposure
Carbon monoxide is a colorless and odorless gas that is emitted through chemical reactions that occur during the operation of certain machinery. For example, carbon monoxide is a byproduct that is emitted when running cars and trucks, gas ranges, furnaces, grills, stoves, and lanterns. Most homes and business contain at…
Wrongful Death Plaintiff’s Failure to File Certificate of Merit in Medical Malpractice Lawsuit Results in Dismissal of Case
Earlier this month, a Vermont appellate court issued a written opinion in a wrongful death by medical malpractice case, involving allegations that a doctor was negligent in prescribing multiple doses of opioid medications to a patient who later died from ingesting a lethal combination of prescription and non-prescription medication. However, the court…
Expert Testimony Fails to Establish Causation in Medical Malpractice Lawsuit
Earlier this month, an appellate court in Georgia issued a written opinion in a medical malpractice lawsuit, affirming the dismissal of the plaintiff’s claims based on the plaintiff’s failure to establish that the defendants’ allegedly negligent actions caused the plaintiff’s injuries. Specifically, the court held that since the medical experts called…
Slip-and-Fall Case Dismissed When Defendant Successfully Showed Plaintiff Had Knowledge of the Open and Obvious Hazard that Caused Her Fall
Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability case that was brought by a woman who slipped and fell on a “corn hole” game board as she was talking to a sales associate in a car dealership’s showroom. The court ultimately determined…