Auto Accidents

Car Accident Victim Wins Maryland Personal Injury Claim, Seeks Additional Damages on Appeal

February 7, 2019 | by Foran & Foran, P.A.

Negligent drivers may be held liable for property damage, medical expenses, and other losses that they cause to others. In some Maryland personal injury cases, proving the extent of the injuries caused by the accident and the amount of damages is complicated. In a December 18, 2018 case, the plaintiff filed a negligence suit after he was injured in a car accident caused by the defendant. The matter came before the Court of Special Appeals of Maryland on the issues of damages and causation.

In the case, the defendant caused a multi-car accident when she failed to stop at a stop sign and collided with the plaintiff’s vehicle. The impact pushed the plaintiff’s vehicle off the road into a tree. The parties stipulated to the fact that the defendant was at fault for the accident. However, the plaintiff still had to establish that the accident caused the plaintiff’s injuries. The case was tried before a jury, which found the defendant negligent and awarded damages to the plaintiff in the amount of $20,000. The plaintiff appealed, as the jury award was less than the amount of damages he sought. The plaintiff argued that the trial court improperly ruled on evidentiary issues that affected his proof.

The plaintiff had designated an orthopedic surgeon to testify as an expert witness at trial. The expert had been suspended from practicing for a period of three years by both the Maryland State Board of Physicians and the American Association for Orthopaedic Surgeons (AAOS). During the pre-trial motions, the plaintiff asked the court to exclude the parts of the expert’s deposition where he was questioned regarding his suspension. The plaintiff contended that that the line of questioning violated the medical review committee privilege. The trial court agreed to redact some of the deposition, but allowed a question about whether he had been suspended from the AAOS.

Maryland Court Decision Highlights Significance of Discovery Deadlines in Personal Injury Case

February 1, 2019 | by Foran & Foran, P.A.

A Maryland car accident victim may take legal action against a negligent driver to recover their medical expenses and other losses. To succeed, the plaintiff must present sufficient evidence to establish each element of a Maryland personal injury claim. In a November 15, 2018 car accident case, the Court of Special Appeals considered whether the circuit court erred by not allowing the plaintiff’s expert witness to testify. The issue was crucial, as the lack of a causation expert subsequently led the circuit court to dismiss the plaintiff’s negligence claims against the defendants.

The case arose out of a rear-end motor vehicle collision. One of the defendants was driving an automobile that struck the rear of the plaintiff’s car, causing the plaintiff to hit her head on the steering wheel. A few days later, the plaintiff began to feel dizzy and nauseous. She went to the emergency room and was diagnosed with a concussion. The plaintiff sought treatment from three other doctors, all of whom diagnosed her with a concussion, for fifteen months following the accident. The plaintiff also received psychiatric counseling to treat the anxiety, irritability, and cognitive difficulties that she reported after the accident.

Three years after the car accident, the plaintiff filed a lawsuit against the driver of the vehicle that rear-ended her car, the owner of the driver’s vehicle, and her insurance company. The plaintiff designated her doctor as an expert witness well before the deadline provided by the court. However, two days before trial, the plaintiff provided to the defendants a report from her doctor based on a medical exam that had taken place a month before. The defendants objected, arguing that there was no time to depose the doctor regarding her report before the trial date. The court agreed and excluded the testimony without continuing the trial to a later date. The defendants then moved for summary judgment reasoning that, without expert testimony, the plaintiff did not have any evidence that her injuries were caused by the accident. The trial court granted the motion.

Compensatory Damages Awarded to Plaintiff for Car Accident Upheld on Appeal in Maryland Auto Accident Case

January 28, 2019 | by Foran & Foran, P.A.

The legal knowledge of a skilled Maryland personal injury attorney is often crucial to present the case persuasively to a jury and object to inadmissible evidence. In a recent Maryland car accident case, the plaintiff obtained a favorable jury verdict on the issues of her damages. On appeal, the defendant argued that the plaintiff should not have been permitted to introduce evidence of bias regarding the relationship between the defendant’s expert witness and the defendant’s auto insurance company. The Court of Special Appeals of Maryland considered the issue in an opinion released on October 9, 2018.

The plaintiff in the case was a passenger in the backseat of a vehicle driven by the defendant, which rear-ended another vehicle on the highway. The plaintiff received medical treatment the day after the accident for injuries to her knee, neck, and back. The plaintiff filed a personal injury suit against the defendant, alleging that he negligently struck the vehicle in front of him, thereby causing her injuries.

The defendant conceded that he was liable for the plaintiff’s injuries, and the case proceeded to trial on the issue of the plaintiff’s damages. The parties both produced expert witnesses who testified as to the plaintiff’s injuries. During cross-examination, the plaintiff questioned the defendant’s expert witness about an investment of over one million dollars that he received for his corporation from the defendant’s insurance company. The defendant’s objection to the line of questioning was overruled by the trial court. Ultimately, the jury awarded the plaintiff compensatory damages in the amount of $353,000. The defendant brought the subsequent appeal.

Maryland Plaintiffs Seek to Uphold 6.5 Million Dollar Jury Verdict in Personal Injury Case on Appeal

November 26, 2018 | by Foran & Foran, P.A.

An individual who has suffered an injury caused by negligence may have legal recourse against the liable party, as illustrated in an August 17, 2018 case. The plaintiff in the case was inside a retail store when a motorist lost control of his car and crashed through the fire doors of the building. The plaintiff suffered serious injuries in the accident, which resulted in the amputation of his leg. Thereafter, the plaintiffs filed a Maryland negligence claim against the corporate owner of the nationwide store chain, arguing that it failed to take reasonable steps to protect customers against the foreseeable risk of vehicle-building crashes. After trial, the jury returned a verdict in favor of the plaintiff and awarded approximately 6.5 million in damages.

The defendant appealed to the Court of Special Appeals on several grounds, one of which was that the plaintiffs asserted facts that were not in evidence while cross-examining the defendant’s witnesses. During discovery, the plaintiffs had obtained information from the defendant regarding three prior vehicle-into-building crashes that had occurred at the defendant’s other store locations between 2008 and 2013. The plaintiff questioned the defendant’s corporate representative about those incidents, as well as a dozen other incidents the plaintiff had discovered.

In general, questions that assume facts that are not supported by evidence already admitted are objectionable. The appeals court explained that the admissibility of the plaintiff’s questions regarding the prior vehicle-into-building crashes depended on whether these incidents had actually occurred. Without any proof in evidence verifying that the incidents had occurred, the incidents were not relevant to the case, and therefore, were inadmissible.

Maryland Plaintiffs File Personal Injury Lawsuit After Rear-End Car Accident

October 24, 2018 | by Foran & Foran, P.A.

It may be necessary to take legal action against an insurance company or negligent driver after a car accident. A Maryland car accident attorney can assist plaintiffs by properly filing the lawsuit. An August 8, 2018 case before the Court of Special Appeals of Maryland illustrates the importance of understanding these legal procedures.The plaintiffs in the case were injured when their car was rear-ended by another driver. The police report correctly named the driver but combined the name of the driver’s mother with the name of the driver when identifying the owner of the vehicle. In fact, the vehicle was co-leased by both the driver and his mother. The plaintiffs filed negligence actions solely against the mother. After the statute of limitations had expired, the plaintiffs filed motions to add the driver to the lawsuit. The circuit court denied the motions, and the plaintiffs appealed.

In Maryland, most civil actions must be filed within three years from the date they accrue. Failing to file a timely lawsuit, absent a statutory exception, bars the case from proceeding further. Amendments to the complaint, including the addition of another defendant, are freely allowed if filed within the statute of limitations. Once the statute of limitations has run, a party is generally barred from adding a new defendant to the complaint. The “relation back” doctrine, however, permits an amendment adding a misnamed party if the factual situation remains essentially the same after the amendment as it was before, and the party had timely notice of his status as a defendant.

Insurance Companies Litigate Coverage Obligations to Passenger Injured in Maryland Car Accident

October 17, 2018 | by Foran & Foran, P.A.

Filing an insurance claim after a car accident can be overwhelming. Many people seek guidance from a Maryland injury attorney to help them navigate through the process. In a July 12, 2018 case, the Court of Special Appeals of Maryland decided a complex dispute between two insurance companies. The primary issue was which company’s policy provided primary coverage to an injured claimant.

The claimant in the case was a passenger of an automobile that was involved in an accident. The driver of the other vehicle that caused the accident was uninsured. The claimant was insured by the plaintiff (Company A), while the owner of the automobile she rode in was insured by the defendant (Company B). Both of the policies provided uninsured/underinsured motorist (UM/UIM) coverage and it was not disputed that UM/UIM coverage was available to the claimant. However, the Company B policy had a UM/UIM limit of $100,000, while the limit under the Company A policy was $300,000. The dispute was whether one policy provided primary UM/UIM coverage, or whether both policies provided coverage on a pro rata basis.

Company A argued that Company B was the primary carrier, so Company B must pay out its full policy limit of $100,000 before Company A has any obligation to cover the remaining amount. Company B argued that the dispute must be resolved by looking to the language of the insurance contracts, which limited its obligation pro rata to coverage of other primary insurers.

Maryland Court Concludes Expert Testimony Necessary in Car Accident Case Against Insurance Company

September 6, 2018 | by Foran & Foran, P.A.

After a car accident, a claim for medical expenses and other damages is typically submitted to the insurance company. If the insurance company delays or refuses to pay the claim, however, accident victims may be unsure of their legal recourse. Many people choose to hire a Maryland car accident attorney to file an insurance claim on their behalf and represent them in any subsequent legal action. A lack of legal knowledge and training could be detrimental in bringing a lawsuit against a big insurance company.

In a June 12, 2018 case, the plaintiff represented himself in a lawsuit against his insurance company to recover medical bills, lost wages, and other damages. The plaintiff in the case had been involved in a motor vehicle accident with an uninsured motorist. The plaintiff’s insurance company paid him the $2,500 policy limit of his personal injury protection benefits as a result of the accident. Thereafter, the plaintiff sought additional coverage pursuant to his uninsured motorist policy for medical expenses he incurred approximately six months after the accident to treat whiplash. The insurance company rejected the claim, and the plaintiff filed a lawsuit with the Maryland circuit court.

The plaintiff’s bad faith claim and claim for punitive damages were dismissed by the court, and the matter went to trial on the breach of contract claim. At trial, the plaintiff attempted to introduce his medical records and bills without expert testimony. The court sustained the insurance company’s objection, ruling that the plaintiff could not testify as to the medical opinions, diagnoses, or amount of the bills. Consequently, and due to the lack of expert testimony, the court granted the insurance company’s motion for judgment, concluding that the plaintiff had failed to prove his claim that the insurance company had breached their contract. The plaintiff then appealed to the Court of Special Appeals of Maryland.

Plaintiff Granted New Trial After Successful Appeal in Maryland Car Accident Case

August 27, 2018 | by Foran & Foran, P.A.

If you are seeking compensation from the person responsible for your injuries, fair legal proceedings are important. An experienced Maryland car accident attorney can assert your rights at trial by objecting to the submission of prejudicial evidence. As demonstrated in a May 18, 2018 car accident case, the admission of certain documents and testimony in a jury trial could have a significant impact on the outcome.

The plaintiff in the case was rear-ended by the defendant while she was stopped in traffic. The plaintiff filed suit against the defendant, alleging that she was injured as a result of his negligent driving. One of the defenses asserted by the defendant was that his brakes failed. After a three-day trial, a jury found that the defendant was not negligent. One of the plaintiff’s major arguments on appeal was that the trial court erred by allowing evidence of a repair invoice. The invoice contained notes written by the mechanic about information he obtained from the defendant, as well as statements regarding the repairs made to the defendant’s vehicle.

It was undisputed that the statements contained in the invoice concerning the condition of the defendant’s brakes were hearsay. Hearsay is generally inadmissible, unless it falls under an exception. The trial court admitted the invoice under the residual exception. The residual exception to the hearsay rule provides that a hearsay statement that otherwise does not fall under any other exception may be admitted if it is relatively trustworthy, if it is more probative as to an issue than any other evidence that can reasonably be obtained, if advance notice of the statement is provided, and if doing so will best serve the interests of justice.

Maryland Court Overrules Legal Doctrine in a Victory for Car Accident Plaintiffs

August 13, 2018 | by Foran & Foran, P.A.

Even if a legal concept provides for an unfortunate outcome, an experienced car accident attorney will be prepared to argue persuasively in your favor. In an April 20, 2018 Maryland car accident case, the Court of Appeals of Maryland considered whether the doctrine of imputed negligence would apply to prevent the injured plaintiff from recovering damages from the defendant. After the lower court entered judgment in favor of the defendant, Maryland’s highest court had the opportunity to decide whether the application of the doctrine should be overruled in the context of owner-passenger car accident cases.

The plaintiff and her husband drove to a restaurant to pick up their carry-out meal. The plaintiff’s husband was driving the vehicle, which was solely registered in the plaintiff’s name. The plaintiff was riding in the passenger seat. The husband parked across two handicapped spots behind the defendant’s truck and went inside the restaurant to get their dinner. As the plaintiff waited in the car, the defendant backed up his truck out of his parking space into her vehicle. The plaintiff suffered injuries to her shoulder as a result of the accident.

Under the doctrine of imputed negligence, the owner of a vehicle who allows someone else to drive while remaining inside as a passenger may be held liable for any negligence of the driver. It is not based on any negligence of the owner-passenger; instead, it is a form of vicarious liability. Since the plaintiff’s husband was found negligent by parking perpendicular to a handicapped space behind the defendant’s vehicle, his negligence was imputed to the plaintiff. The plaintiff was therefore barred from recovering damages under the doctrine of contributory negligence.

Maryland Plaintiff Wins Appeal to Pursue Car Accident Claim That Originated Ten Years Ago

May 14, 2018 | by Foran & Foran, P.A.

A skilled Maryland car accident attorney will thoroughly investigate the facts of an accident in order to support the viability of a client’s negligence claim. As illustrated in a February 20, 2018 decision by the Court of Special Appeals of Maryland, the details were crucial in reversing the dismissal of a plaintiff’s car accident case.

The case arose out of a December 2008 motor vehicle collision, which occurred within the federal enclave of a military base. The defendant was driving a government vehicle when she struck the plaintiff’s SUV. At the time of the accident, the defendant was on active duty.

In November 2009, the plaintiff filed a claim with the appropriate federal agency, as required before bringing a lawsuit in federal court against the United States. The matter was transferred to another agency, and the plaintiff subsequently filed her case in federal court in 2011. The federal court dismissed the case, finding that the defendant was not acting within the scope of her employment because she was going to a medical appointment. The plaintiff then filed suit in Maryland circuit court against the defendant and the plaintiff’s own insurance carrier in 2013. The circuit court dismissed the case, ruling that the plaintiff’s claim was barred by the statute of limitations.