Maryland workers’ compensation laws provide an avenue for workers in the state to get relatively straightforward relief for injuries that arise out of their work. The Maryland Court of Special Appeals has limited the scope of the state’s workers’ compensation laws. In its opinion earlier this year in Washington Metropolitan…
Maryland Accident Law Blog
Father’s Wrongful Death Lawsuit for Daughter Finally Makes It to Trial, but Jury Rules that Defendant Was Not Negligent: Tollenger v. State of Maryland, et al
A father’s long legal battle over the 2001 death of his daughter in a car accident may have come to an end in November, when a jury ruled that the state of Maryland was not negligent in its maintenance of the Thomas J. Hatem Memorial Bridge, where the accident occurred.…
Insurance Companies Ask Court to Declare They Are Not Obligated to Defend Four Loko Manufacturer in Products Liability Lawsuits: Netherlands Ins. Co. v. Phusion Projects, Inc.
Two insurance companies have brought a declaratory judgment action, Netherlands Ins. Co. v. Phusion Projects, Inc., asking the court to declare that they are not bound to defend or indemnify Phusion in several products liability and wrongful death lawsuits relating to the company’s product, Four Loko. The plaintiffs state that…
Death of Maryland Family in Auto Accident Leads to First Lawsuit Based on Fetal Death Statute: Baumann et al v. Slezak et al
An accident on a Nebraska highway took the lives of a Maryland family. The resulting lawsuit, Baumann v. Slezak, et al, is reportedly the first to invoke that state’s law allowing causes of action for the wrongful death of unborn children. Nebraska’s law, enacted in 2003, differs from Maryland’s wrongful…
Business Use Exceptions in Auto Liability Policies Under Maryland Law Reviewed by Federal Appellate Court: Forkwar v. Empire Fire and Marine Ins. Co.
After obtaining a verdict in a car accident lawsuit, the plaintiff sought to enforce the judgment against the defendant’s insurer. The insurance company successfully argued that the “business use” exception barred coverage of the plaintiff’s claim, as the defendant was operating his vehicle in the course of his work at…
Denial of Death Benefits Upheld by Court Because Decedent’s Intoxicated State Excluded Him from Coverage: Fitzgerald v. Colonial Life & Accident Ins. Co.
The wife of a man who fell off a pier and drowned filed suit against an insurance company after it refused coverage for accidental death and dismemberment benefits. The insurance company cited an exclusion for accidents involving a presumption of the influence of alcohol. A federal judge ruled in Fitzgerald…
Court Denies Motion to Dismiss Brought by Manufacturer of Four Loko in Putative Class Action Lawsuit: Yourth v. Phusion Projects, LLC
A federal judge in New York denied Phusion Projects’ motion to dismiss a putative class action lawsuit alleging damages caused by its product, the energy drink Four Loko. The lawsuit, Yourth v. Phusion Projects, LLC, alleges that the company failed to warn consumers of potential negative effects of the beverage’s…
Res Ipsa Loquitur Argument Rejected in Maryland Bus Accident Lawsuit: District of Columbia v. Singleton
A man and his son sued the District of Columbia for injuries sustained in a bus accident in Prince George’s County, Maryland. The lawsuit asserted vicarious liability against the District for the alleged negligence of its employee, the bus driver. The Court of Appeals of Maryland affirmed the trial court’s…
Children Risk Serious Injury from Recreational Trampoline Use, Pediatricians Say
Recreational trampolines, particularly the kind found in backyards, pose a serious risk of injury to children, according to a paper published by the American Academy of Pediatrics (AAP) this month. The AAP has long advocated against the recreational use of trampolines, citing the high risk of fractures, spinal cord injuries,…
Maryland Law Requires Medical Malpractice Plaintiff to File the Claim With the State Before Filing Suit – Haskins v. Washington Adventist Hospital, Inc.
The U.S. District Court for the District of Maryland granted a defendant hospital’s motion to dismiss a medical malpractice lawsuit, Haskins v. Washington Adventist Hospital, Inc. A woman filed suit as administrator of her late husband’s estate, alleging that inadequate care by hospital personnel caused his death. The court held…