Articles Posted in Serious Accidents

In many personal injury cases, the plaintiffs seek compensation for their medical expenses, lost wages, and other losses caused by the careless acts of another person or business.  In an important decision issued on May 31, 2017, the Court of Special Appeals of Maryland reviewed a jury verdict that found in favor of the plaintiffs on their negligence claim against the general contractor that built their home.  The plaintiff in the case was injured after a safety guardrail in his home failed, causing him to fall 12 to 13 feet onto the concrete below.wheelchair

After a trial, the jury awarded the plaintiffs $1,306,700 in damages, which was reduced by the statutory cap on noneconomic damages.  The defendant subsequently appealed the verdict.  On appeal, one of the defendant’s primary arguments was that it owed no duty to the plaintiffs to ensure the proper construction of the guardrail because the responsibility for its construction had been delegated to its sub-contractor.

In general, Maryland follows the rule that the employer of an independent contractor is not liable for physical harm caused to another party by an act or omission of the contractor or its employees.  However, there are many exceptions to this rule, most of which fall into three categories:  (1) negligence of the employer in selecting or supervising the contractor; (2) non-delegable duties of the employer; and (3) inherently dangerous work.

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crosswalk-sign-1431140-mIn a decision published this spring, Davis v. Board of Ed. for Prince George’s County, Md. Ct. Sp. App. (2015), the Maryland Court of Special Appeals made a ruling following a granting of a motion for Judgment Not Withstanding the Verdict (JNOV).

In the case, a 13-year-old student was hit by a car as she was crossing the street to board a school bus. She died as a result of her injuries two weeks following the car accident. Her parents sued the school board for wrongful death, negligence, and other related claims. They alleged that the Board owed their daughter a duty of care to provide a bus stop on her side of the street, that they breached that duty, and that as a result, they proximately caused the girl’s injuries and death.

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Recently a flight nurse’s family settled a claim against a helicopter rotor blade manufacturer for $5.6 million. The nurse was killed in a crash when the main rotor apparently broke upon lift off. Product defects are frequently the cause for in flight accidents. As a result, manufacturers are often sued whenever there is an airplane accident. Read more about helicopter accidents here.

Truck accident causes brain damage and paralyzation
12/28/2011 02:57:30 PM

A New York jury recently awarded a man who was struck by a Verizon company truck and who ended up in a coma and had brain damage the sum of $40 million. The work van was apparently traveling approximately 50 m.p.h. As a result of his injuries, the man has permanent problems including being partially paralyzed and suffering from the brain damage.   Continue reading

There are several reported Maryland cases regarding automobile accidents on ice or snow. They include Larkins v. Balt. Transit, 249 Md. 305; Billmeyer v. State f/u/o Whiteman, 192 Md. 419; Wolfe v. State f/u/o Brown, 173 Md. 103; and Trusty v. Wooden, 251 Md. 294. A person must use reasonable care when driving on ice or snow. This could include reducing speed and being aware of longer stopping distances. Car Accident on Ice or snow.

Slip and Fall Evidence
02/04/2010 09:34:32 AM

Slip and Fall. The case law in Maryland suggests that in order to prevail on a slip and fall case where liquid has been left on the floor Continue reading

A medical malpractice lawsuit has been filed in Texas resulting from alleged hospital negligence. The allegations suggest that a 3 year old girl had a corroded lithium battery stuck in her nose and the hospital failed to take an x-ray of the noseat the initial emergency room visit and also sprayed medicines up the nose that caused the battery to leak acid into the nose.

New drug resistant infection
10/14/2009 01:28:23 PM

Physicians are concerned about a new infection that appears to be drug-resistant. Continue reading