Recent cases in the past year have resulted in several significant awards for plaintiffs who have developed ovarian cancer after using baby powder, increasing the question of risks surrounding the use of the product. Many baby powders are made with talcum powder, which is created from crushed talc, a mineral. Talcum…
Maryland Accident Law Blog
Case Arising out of Hospital Transportation Injury Required to Comply with Medical Malpractice Requirements
Earlier this month, one state’s appellate court issued a written opinion in a plaintiff’s case against the hospital where he was injured when he fell off a gurney while being transported. In the case, Nava v. Saddleback Memorial Medical Center, the court determined that the plaintiff’s injury was “related to”…
Product Liability Plaintiffs’ Case Dismissed Based on Lack of Admissible Expert Testimony
Earlier this month, a federal appellate court affirmed the dismissal of a product liability case against Kia Motor Corporation (Kia), based on the fact that the plaintiff presented no admissible expert testimony to meet the required elements. In the case, Sims v. Kia Motors of America, the appellate court affirmed…
71-Year-Old Woman Struck by Electric Shopping Cart, Recovers $1.3 Million from Grocery Chain
Earlier this month, an elderly woman recovered just over $1.3 million after a jury found in her favor in a premises liability case involving a large grocery store chain. According to one industry news source reporting on the case, the accident took place back in 2012, when another customer inadvertently…
Court Holds Unemployed Plaintiff Is Eligible for Future Earnings Damages Award
Earlier this month, one state’s supreme court issued a written opinion discussing the availability of damages for a student-plaintiff who was not employed at the time of the accident but expected to obtain employment after graduation. In the case, Fecke v. Board of Supervisors of Louisiana State University, the court…
Accident Victim’s Bad-Faith Claim Against Insurance Company Fails Based on Legitimate Dispute of Liability and Causation
Earlier this month, an appellate court in Kentucky issued an interesting opinion that is of interest to anyone dealing with a difficult insurance company after a Maryland car accident. In the case, Holloway v. Direct General Insurance Company, the court determined that the plaintiff’s bad-faith claim against the insurance company,…
Car Manufacturer Victorious on Appeal of Alleged Breach of Implied Warranty of Merchantability
Earlier this month, an appellate court in Virginia issued a written opinion in a product liability case that ended up reversing a jury’s verdict in favor of the plaintiff. In the case, Holiday Motor Corp. v. Walters, the court set aside the jury’s verdict because the car manufacturer did not…
Family Loses Lawsuit and Subsequent Appeal in Case Against Smoke Detector Manufacturer
In a recent case in front of a state appellate court, a jury’s verdict in favor of a manufacturer of an allegedly defective smoke detector was affirmed, leaving the plaintiffs with no means of recourse. In the case, Hosford v. BRK Brands, the plaintiffs’ allegations were all based on various…
Court Finds Property Surveyor Not Liable for Injury on Surveyed Property
Earlier this summer, the Nebraska Supreme Court ruled that a land surveyor was not liable for injuries suffered by a man who tripped and fell on a wooden stake used to mark the property’s boundaries. The stake was tied with a ribbon and stood approximately one foot above the ground.…
Plaintiff’s Medical Malpractice Case Successful against Cosmetic Clinic after Liposuction Procedure Resulted in Infection
Earlier this month, an appellate court in Idaho heard a medical malpractice appeal brought by the husband of a woman who had died from a serious infection she developed after being treated by the defendant doctor. In the case of Ballard v. Kerr, the court ultimately dismissed the defendant’s appeal and upheld…