June 2010 Archives

Dartmouth College recently settled a lawsuit with regarding a student who was injured in a skiing accident that occurred while she was taking a skiing class. Apparently, the student skied into a tree during class. She was not wearing a helmet and was just a beginner. The student remained in a coma for 6 months before dying. This was a confidential settlement. Although there was probably an element of assumption of the risk in this case, the fact that the instructor did not have a beginning student wearing a helmet probably is what caused the defendant to agree to a settlement. Maryland Personal Injury Lawyer

Drunk driver

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In one of the largest verdicts in Arizona legal history, a family was awarded $ 40 million against a drunk driver. The defendant was a woman who had been drinking heavily at a local restuarant before getting behind the wheel of the car. The jury not only found the driver responsible, but it also found the restaurant liable for continuing to serve the driver alcohol as well as the City responsible for not making repairs to the roadway in a timely manner.This result would be unlikely in Maryland because of the statutory cap on damages. Moreover, Maryland does not recognize a claim against a bar for serving alcohol to someone subsequently involved in an accident except in very unusual circumstances. Maryland does not even allow punitive damages against a drink driver unless the plaintiff can prove almost an intentional act or malice towards the injured party. Because of the cap on pain and suffering damages in Maryland, it becomes important for the plaintiff to prove economic damages as well such as future medical care and future lost wages.   Drunk driver kills another driver

Tractor trailer accident

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tractor trailer accidentA jury in California recently awarded a girl damages in the amount of $24.3 million. She was struck by an 18-wheeler six. Her father was the driver of the vehicle. He had been hired by a company to drive the vehicle. The girl was caught between the rear wheels of the vehicle and had multiple serious crush type injuries requiring many surgeries in the past as well as many projected surgeries.  Under Maryland law there is a cap on what is called non economic damages-what most people think as pain and suffering. However, in a case like this in Maryland, the significant amount of damages would be what is called economic damages. These would include, but not be limited to, the cost of future surgeries, rehabilitation, lost income reduced to present value, modifications to home, wheel chairs, handicap vehicles and such other items the injured party would need for the rest of his or her life.

A Georgia jury has awarded $15 million to a family who was hit by a drunken driver and whose daughter suffered severe brain damage from the accident  Allegedly, a drunken driver ran a red light and crashed into the plaintiff's vehicle. One of the passengers was thrown into the back seat causing severe head injury and dislocating it from the spine. Under Maryland law there would be a limit on what is known as non economic loss such as pain and suffering. This is a good example why the law in Maryland can be so unfair to seriously injured plaintiffs. Maryland Auto Accident Lawyer

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