Relevant Personal Injury Case Law

Plaintiff’s Medical Malpractice Case Fails Due to Incomplete Language in Initial Pleading

August 22, 2017 | Lebowitz & Mzhen

The document that initiates a Maryland medical malpractice lawsuit against a defendant is called the complaint. Under Maryland law, a plaintiff’s complaint must be drafted according to guidelines. For example, a complaint must contain sufficiently specific allegations to put the defendant on notice regarding the lawsuit and how they were alleged to have been negligent. A recent case illustrates how one plaintiff’s failure to draft a sufficiently specific complaint resulted in a jury verdict in her favor being reversed.

The Facts of the Case

The plaintiff, a breast cancer survivor, was scheduled to have reconstructive surgery performed by the defendant. However, due to the radiation used to treat the cancer, there were risks involved with the procedure. The defendant discussed the risks with the plaintiff, and initially the plaintiff agreed to proceed with surgery on both breasts.

The plaintiff claims that she later changed her mind and revoked consent to operate on her left breast, citing concerns over the radiation. The plaintiff still wanted to proceed with reconstructive surgery on her right breast.

Court Determines Personal Injury Plaintiff Assumed the Risk of Participating in Horse Race, Preventing Plaintiff’s Recovery

August 8, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in California issued a written opinion in a personal injury lawsuit filed by a woman who was seriously injured when she was run over by a horse during a race in which she was participating. The case is important for Maryland personal injury plaintiffs because it acts as a warning, illustrating how defendants may attempt to evade liability through the doctrine of assumption of the risk.

The Facts of the Case

The plaintiff was participating in a horse race spanning either 25 or 50 miles, depending on the rider’s preference. During the race, riders were to stop at checkpoints to obtain playing cards indicating that they did indeed make their way around the predetermined circuit.

At approximately the eight-mile mark, the plaintiff was in the leading group of riders. The plaintiff dismounted her horse to obtain the playing card, as per the race rules. However, as she did so, the defendant’s horse ran into a nearby cluster of other horses, causing a chain-reaction accident. Several of the horses were startled and took off running. The plaintiff was injured when she was trampled by one of the horses.

Court Dismissed Tenant’s Slip-and-Fall Case Against Condo Association and Property Management Company

July 24, 2017 | Lebowitz & Mzhen

Maryland premises liability lawsuits are often centered around the relationship between the parties. For example, land and business owners owe a greater duty of care to those whom they invite onto their property than those who gain entry by accident or through trespassing. Earlier this month, an appellate court in Georgia issued a written opinion in a slip-and-fall case brought by a tenant in a condominium complex against the condo association and the property management company. The court ultimately dismissed the case against the defendants because no landlord-tenant relationship could be shown, illustrating the importance of naming the proper parties in a Maryland premises liability lawsuit.

The Facts of the Case

The plaintiff was living in a condo that she rented from the owner. The plaintiff had an oral lease with the owner; no written lease existed. While living in the condo, the plaintiff complained to the condo association several times about the lack of lighting near a specific set of stairs; however, the association took no action. One day, the plaintiff slipped and fell while descending the stairs. The plaintiff filed a personal injury lawsuit, naming both the condominium association and the property management company responsible for the complex’s maintenance.

The defendants argued that the plaintiff should not be entitled to recover compensation because she was aware of the hazard that ultimately caused her fall. In response, the plaintiff cited the “necessity rule,” which allows for recovery even when an accident is caused by a known hazard if the tenant must cross the hazard by necessity. The trial court agreed with the plaintiff, and the defendants’ motion for summary judgment was denied. The defendants then appealed to a higher court.

Appellate Court Determines Slip-and-Fall Plaintiff’s Case Should Have Been Presented to the Jury

July 10, 2017 | Lebowitz & Mzhen

Last month, an appellate court in Rhode Island issued a written opinion in a premises liability lawsuit that was brought by a tenant of an apartment complex who slipped and fell on a patch of black ice in the complex parking lot. At the conclusion of the plaintiff’s case against the complex’s management company, before the case was presented to the jury, the trial judge granted the defendant’s motion for judgment as a matter of law. The appellate court was tasked with determining whether the trial judge was proper to decide the case as a matter of law rather than submit the case to a jury for a factual resolution of the plaintiff’s claim.

The Appellate Court’s Decision

In the above case, the appellate court determined that the lower court was improper to decide the case as a matter of law. The court explained that there was evidence presented by the plaintiff indicating that the defendant may have been negligent. Specifically, the plaintiff testified that the defendant would plow any fallen snow in the parking lot to an area that was slightly above the level of the parking lot. Thus, when the snow melted, water would run onto the parking lot, where it could later re-freeze, creating a hazard. Indeed, the plaintiff also presented evidence, through his wife’s testimony, that he had complained about these ice patches on numerous occasions.

Judgment as a Matter of Law in Maryland Courts

In Maryland personal injury cases, it is the judge’s job to rule on all legal issues. For example, a judge will often determine which evidence the jury is able to consider and instruct the jury on the law that pertains to the case. The jury’s job is to then apply the law as explained by the judge to the facts of the case, resolving any factual disputes.

Maryland Wrongful Birth Claims

July 3, 2017 | Lebowitz & Mzhen

Over the last century, the development of modern medicine has resulted in not just a decrease in the mortality rate of infants but also in the ability to determine whether an unborn child will suffer from a serious, life-altering abnormality. Through diligent testing and a thorough analysis of a couple’s medical history, doctors are now able to advise parents about which, if any, conditions their offspring may be at risk of developing.

Given the advances made in the medical field and the current ability to intervene to avoid the birth of a child who will suffer from a debilitating, life-long incurable disease, the duty physicians owe to their patients has grown to include advising patients about their specific risks. If a physician fails to advise a patient of these risks, and the patient gives birth to a child with a serious disease that would have been detectable through proper testing, a wrongful birth lawsuit may be appropriate. A recent case illustrates what a wrongful birth case is and how a plaintiff can go about proving one.

The Facts of the Case

The plaintiffs were a couple who gave birth to a child with severe disabilities. During the pregnancy, an ultrasound was conducted that displayed congenital abnormalities; however, the plaintiffs’ doctor failed to inform the plaintiffs about these defects. The plaintiffs claimed that they would have chosen to terminate the pregnancy had they been made aware of the risks involved with carrying the pregnancy full-term.

Court Determines Zip-Line Is Not a “Dangerous Condition,” Upholding Government Immunity in Recent Personal Injury Case

June 22, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in Colorado issued a written opinion in a premises liability lawsuit that was brought by the parents of a young girl who was seriously injured while playing in her school’s playground. Ultimately, the court concluded that the zip-line on which the girl was playing did not constitute a “dangerous condition” and upheld the school’s governmental immunity.

The Facts of the Case

The plaintiffs’ daughter was playing on a zip-line in her school’s playground when she fell from the apparatus and fractured her wrist and forearm. There was a sign next to the zip-line stating “adult supervision required”; however, it was not clear if there was a school employee nearby when the accident occurred. After their daughter recovered, the parents filed a premises liability lawsuit against the school.

Initially, the school asked the court to dismiss the case, arguing that under state law, the school was entitled to government immunity. However, the plaintiffs argued that under the same state law, immunity is not proper when a government is responsible for a “dangerous condition” that is on public property. Thus, the question for the court was whether the zip-line constituted a dangerous condition.

Court Prevents Testimony of “Surprise” Witness in Medical Malpractice Case

June 15, 2017 | Lebowitz & Mzhen

Anyone who has spent a few hours watching old courtroom T.V. dramas likely remembers the climactic moments when – after a long, drawn-out trial – one of the parties presents a surprise witness that completely makes their case. Well, in reality, surprise witnesses are for the most part a thing of the past, due to the current discovery rules.

During the pre-trial discovery phase of a trial, both parties are required to present the other party with a list of witnesses they intend to call. While adjustments can be made along the way, courts generally frown upon presenting a “surprise” witness unless certain circumstances are present. A recent case illustrates how a medical malpractice plaintiff was prevented from having one of his witnesses testify because he failed to disclose her identity during discovery.

The Facts of the Case

The plaintiff was paralyzed after he underwent a surgery that was performed by the defendant doctor. The plaintiff filed this medical malpractice lawsuit against the doctor, claiming that the doctor’s negligence resulted in his paralysis.

Court Allows Defendant’s Prior DUI Convictions into Evidence in Recent Car Accident Case

May 22, 2017 | Lebowitz & Mzhen

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 court concluded that the prior convictions were relevant to the punitive damages determination and thus should be admitted for that limited purpose.

The Facts of the Case

The plaintiff was driving to work on the highway when suddenly, the defendant’s vehicle crossed over into the plaintiff’s lane of traffic. The two vehicles collided head-on. It was later determined that the defendant had a blood-alcohol content of .18, which is over twice the legal limit.

The plaintiff filed a personal injury lawsuit against the defendant. During the plaintiff’s case, he attempted to introduce evidence that the defendant had been convicted of driving under the influence on two prior occasions, once in 1996 and another time in 1983. The court allowed the evidence to be admitted over the defendant’s objection. Ultimately, the jury awarded the plaintiff over $1,500,000.

The Concept of “Assumption of the Risk” in Maryland Personal Injury Cases

May 15, 2017 | Lebowitz & Mzhen

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 contested, and the parties argue whether a legal defense applies.

One common defense in Maryland personal injury cases is “assumption of the risk.” The doctrine of assumption of the risk stands for the proposition that a person cannot seek to hold another party liable for injuries they sustained while engaging in an activity that they knew was risky. A recent case brought by a firefighter illustrates this principle.

The Facts of the Case

The plaintiff was a firefighter who was called to assist in the efforts to put out a wildfire that had gotten out of control. The firefighters set up a headquarters inside the center of an oval racetrack and set up camp outside the track. However, by the time the plaintiff arrived, all of the camp spots had been taken. She then sought permission to camp inside the track. She was given permission and spent the first night there without a problem.

Plaintiff’s Failure to Comply with Procedural Requirement Results in Dismissal of Lawsuit

May 8, 2017 | Lebowitz & Mzhen

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 the plaintiff specify the exact amount of damages sought. Ultimately, the court affirmed the dismissal of the plaintiff’s case because, rather than specify the exact amount of damages, she sought “the full amount of damages allowed by law.”

The Facts of the Case

The plaintiff was involved in a car accident with an employee of the Georgia Department of Transportation. Under the theory of vicarious liability, the plaintiff filed a personal injury lawsuit against the Department, seeking compensation for the injuries she sustained in the accident. In her complaint, the plaintiff listed the damages sought as the “full amount of damages allowed by law.” Under the applicable statute, that was $1 million.

In Georgia, as well as in Maryland and many other states, lawsuits filed against a government entity must comply with certain additional requirements. Specifically, the law requires that a plaintiff naming a government entity as a defendant specify the amount of damages sought. If a plaintiff fails to comply with this or any other procedural requirement, the government defendant may be successful in asking the court to dismiss the case.