A serious car crash may cause permanent injuries and lasting pain.  In Maryland, an individual may recover damages for pain and suffering, as well as past and future medical expenses and other losses, in a personal injury suit.  In a November 14, 2019 Maryland car accident case, a jury awarded the plaintiff over 1.1 million dollars in damages for the injuries he suffered.  The defendant appealed the jury award as excessive, and the matter came before the Court of Special Appeals of Maryland.

The plaintiff was driving home from work when he was struck by the defendant’s vehicle in a head-on collision.  The day after the accident, the plaintiff sought medical treatment for severe pain and decreased range of motion.  Further testing indicated that the plaintiff had suffered a disk injury in his back, which likely would not heal due to various factors.  The plaintiff filed a personal injury suit against the defendant, who conceded liability for the accident.  The only issue at trial was damages.

At trial, the plaintiff’s medical experts testified that the injury permanent, painful, and would continue to cause substantial pain.  Despite the pain, the plaintiff declined pain relief medication that would prevent him from working as an equipment operator.  The jury awarded the plaintiff approximately 1.1 million dollars for future pain and suffering, which was subject to the Maryland non-economic damages cap, and also awarded damages for his medical bills and lost wages.  One of the arguments asserted by the defendant on appeal was that the jury verdict was excessive.

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In a Maryland personal injury case, a plaintiff must present proof of the amount of their damages.  Recoverable damages may include past and future medical expenses, pain and suffering, lost income, and other economic and non-economic losses incurred by the plaintiffs.  In a November 15, 2019 car accident case, the issue of damages came before the Court of Special Appeals of Maryland.  The plaintiff appealed after a jury awarded her $3,100 for her injuries caused by the accident.

The plaintiff in the case was involved in a car accident when she was a junior in high school.  While seated as a passenger in her father’s vehicle, the defendant had rear-ended their car, which caused her head to hit the head rest very hard.  She immediately had a slight headache, but appeared unharmed following the accident.  Over the next few months, however, the plaintiff’s headaches worsened, and she showed signs of memory loss.  Her symptoms prevented her from playing in golf tournaments, and although she received a golf scholarship her senior year, and she felt that her poor performance after the accident prevented her from securing a scholarship in her junior year.

The plaintiff brought a personal injury claim against the defendant, who conceded to liability.  At trial, the issue for the jury was the amount of damages.  The plaintiff argued on appeal that the trial court erred by suppressing some evidence and testimony regarding college scholarships, her memory loss, and other matters.

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After some types of accidents, it may be difficult for a person to remember the circumstances leading up to their injury, or understand exactly how it occurred. In a recent Maryland negligence case, the plaintiff could not remember the events leading up to a fall that resulted in a traumatic brain injury.  She filed suit against the owners of the store and strip mall where she was injured, alleging negligence claims.  The Court of Special Appeals of Maryland decided the matter in an October 22, 2019 decision.

The plaintiff in the case suffered a head injury as she exited a store located in a strip mall.  Although the plaintiff did not remember anything about the accident, the store owner was present at the time.  He testified that while he did not see the plaintiff fall, he saw her backing out of the door with her hands full.  Shortly thereafter, he saw the plaintiff on the ground and went to help her.  Two days after the fall, the plaintiff was hospitalized with a hematoma, consistent with having fallen and struck her head, and underwent emergency surgery.

The plaintiff filed a negligence action against the defendants, alleging in the complaint that her injuries were caused by a defective door.  Specifically, she alleged that the door suddenly and without warning flung open as she exited the store, causing her to fall and hit her head onto the concrete sidewalk.  The circuit court granted summary judgment in favor of the defendants, concluding that there was no evidence of any defect in the door, nor that she fell due to an issue with the door.  The plaintiff subsequently appealed the decision.

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In Maryland, family members may bring a wrongful death action against a defendant whose negligence caused the death of their loved one.  The Maryland wrongful death statute allows the plaintiffs to recover economic and non-economic monetary damages resulting from their loss.  In a November 1, 2019 case, the Court of Special Appeals of Maryland reviewed the jury’s award of damages to a plaintiff who had prevailed in her wrongful death action against the defendant.

The case arose from the death of the plaintiff’s daughter’s in 2013.  The plaintiff filed a wrongful death action against the medical providers who treated her daughter, including the defendant.  Following a trial, the jury found the defendant liable for the wrongful death of the plaintiff’s twenty-two-year-old daughter.  The jury awarded the plaintiff $500,000 in non-economic damages and $500,000 in economic damages for the loss of her daughter’s services.  The defendant subsequently appealed the jury’s award of economic damages.

The specific issue on appeal was whether the plaintiff had sufficiently established her damages claim for the loss of her daughter’s household services.  The court confirmed that in a Maryland wrongful death action, a covered beneficiary may recover for both economic and non-economic damages.  After reviewing Maryland case law and other legal authority, the Court of Special Appeals went on to present a three-part rule for determining when a beneficiary in a wrongful death action may recover economic damages for the loss of household services.

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In Maryland, landlords and other property owners owe a duty of care to their tenants and guests, and may be liable for injuries caused by their negligence.  In an October 24, 2019 case, a plaintiff brought a Maryland personal injury negligence claim against the manager of her apartment complex and a paving contractor after she slipped and fell on a resurfaced asphalt parking lot.  The case went to trial.  After the close of the plaintiff’s case, the trial court granted judgment for the defendants on grounds of insufficient evidence of negligence of the defendants and assumption of the risk by the plaintiff.  The plaintiff appealed the decision, and the matter came before the Court of Special Appeals.

The plaintiff in the case had moved her car to a nearby shopping center due to repaving work being done to the parking lot of her apartment complex.  She went to retrieve her car that afternoon and, seeing that the lot was still blocked off, parked on a nearby street.  She began walking on a sidewalk back to her apartment building.  Instead of continuing on that route, the plaintiff stepped on the parking lot to test its condition and found that it was firm.  As she continued to walk across the parking lot, she reportedly slipped on a soft spot and fell on her right arm, injuring her back and head.

In Maryland, the owner or possessor of land may be liable for injuries to invitees by a condition on the land if they:  (1) know or should realize that the condition involves an unreasonable risk of harm to the invitee, (2) should expect that the invitee will not discover or realize the danger or will fail to protect against it, and (3) fails to exercise reasonable care to protect the invitee against the danger.

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Dog bites or attacks can cause serious injuries.  In many instances, the victim may have recourse against a negligent pet owner.  In an October 16, 2019 case, the Court of Special Appeals reviewed a Maryland personal injury negligence claim brought by a plaintiff who suffered injuries as a result of a dog attack.  When her claims were dismissed by the circuit court on summary judgment, she brought an appeal.

The plaintiff in the case was reportedly attacked right outside of her home by a pit bull.  The dog was owned by the son of one of the tenants in a nearby housing complex.  The dog owner did not reside in the housing complex, but frequently stayed with his mother for varying periods of time.  Although the housing complex prohibited dogs on the property without written consent, the tenant allowed her son to bring dogs with him when he visited her.  Following the dog attack, the plaintiff filed a negligence suit against the owner of the housing development.

In Maryland, to hold a landlord responsible for injuries sustained from an attack by a dog owned by a tenant, the plaintiff has the burden to prove that the landlord: (1) had control over the dog’s presence at the property; (2) was aware of the presence of the dog at the property; and (3) was aware that the dog had vicious propensities.

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If you have been injured by a defective product, you may have legal recourse.  In Maryland, sellers and manufacturers may be held liable for putting a defective product into the hands of a consumer.  A Maryland products liability action may be brought under theories of negligence, breach of warranty, or strict liability.  In a recent opinion, the U.S. Court of Appeals considered whether Amazon could be held liable under Maryland law for damage caused by a defective product sold on its website.

The consumer in the case had purchased an LED headlamp on Amazon’s website as a gift to his friends.  The headlamp’s batteries apparently malfunctioned, igniting the friends’ house and causing over $300,000 in damages.  The company that insured the house brought a subrogation action against Amazon, alleging products liability claims under Maryland law.

In Maryland, a products liability action arising from breach of warranty, negligence, or strict liability may be brought against the seller of a defective product.  A “seller” includes a manufacturer, distributor, dealer, wholesaler, other middleman, or the retailer.  The plaintiff must show three elements in a Maryland products liability action: (1) a defect; (2) attribution of the defect to the seller; and (3) a causal relationship between the defect and the injury to the plaintiff.  The defect must be shown to exist at the time the product left the seller (whether manufacturer, distributor, or retailer), or at the time the sale was made.

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In Maryland, most individuals and entities may be held liable for personal injuries caused by their negligent conduct.  However, in situations involving alleged negligence on the part of the government or state officials, the concept of immunity may be a consideration.  Recently, the Court of Special Appeals decided whether or not governmental immunity applied to a local county in a September 16, 2019 Maryland negligence case.

The plaintiff in the case had enrolled her son in youth swimming lessons offered by the County at a public park.  After dropping her son off for his lesson, she walked through the park with her younger child strapped to her front in a baby carrier.  As she traveled through a blacktop, gravel area in the park, her foot came into contact with a water pipe that was reportedly protruding above the gravel.  She fell forward onto her hands and knees, injuring herself and her child.

The plaintiff then brought a lawsuit against the County, claiming that its negligence in maintaining the park caused the injuries to her and her child.  The County filed a motion for summary judgment, arguing that it was immune from suit for any injuries resulting from its maintenance of the park due to governmental immunity.  The circuit court agreed and granted the motion based on case law establishing that the maintenance and operation of a public swimming pool by a local government is a governmental function.  The plaintiff appealed that decision to the higher court.

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Negligent nursing home care may cause serious injuries or even death, as well as emotional pain for the victim’s family.  Many nursing care facilities in Maryland require patients to execute agreements upon admittance in which they agree to arbitrate any future legal claims against the facility. In a June 27, 2019 Maryland wrongful death case, the validity of such an arbitration agreement was decided by the Court of Special Appeals of Maryland.

The plaintiff’s father and the decedent in the case had resided at the defendant’s nursing care facility before his death.  The day before her father was admitted to the facility, the plaintiff executed an admission contract on his behalf.  The contract required that all disputes arising out of a patient’s stay at the facility be submitted to mediation, and if not resolved through mediation, be submitted to an arbitration process.

Following her father’s death, the plaintiff filed a negligence suit against the defendants in circuit court, alleging that while in the care of the defendant’s facility, her father developed serious health concerns, including bed sores and gangrene, as a result of inadequate medical care.  The plaintiff further alleged that these conditions were caused by the defendant’s negligence, and that the defendant was responsible for causing her father’s death.  After the lower court granted the defendant’s motion to compel arbitration, the plaintiff filed an appeal.

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Bringing a Maryland negligence claim after an injury may involve specific legal procedures.  A Maryland accident lawyer can guide you through the proceedings and ensure that the correct steps are taken.  In a September 16, 2019 case, the plaintiff attempted to file a claim against the City for injuries suffered as the result of a collapsed temporary water meter.  The issue for the Court of Special Appeals of Maryland was whether proper notice was given to the defendants.

The plaintiff in the case was walking on the sidewalk when he reportedly stepped onto a temporary water meter cover.  The cover, made of wood, collapsed under the plaintiff, causing him to fall and injure his left leg.  In September of 2015, the plaintiff attempted to give notice of his injury to the City by letter, pursuant to the Local Government Tort Claims Act (LGTCA).  The letter, however, was not sent via certified mail, return receipt requested, as required by the local rules.  The letter was ultimately delivered to an unknown address instead of to the City.

In February of 2018, the plaintiff filed a negligence suit against the City and mayor in the circuit court.  The defendants moved for summary judgment, asserting that the plaintiff failed to provide timely notice as required under the LGTCA.  After a hearing on the issue, the circuit court granted the defendants’ motion and dismissed the plaintiff’s claims.  The plaintiff appealed the issue, arguing that he had substantially complied with the notice requirements.

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