Maryland Personal Injury Blog

Maryland Court Allows Plaintiffs to Proceed with Medical Malpractice Claim for Birth Injuries

June 20, 2021 | by Foran & Foran, P.A.

In Maryland, expert testimony is generally required to establish a medical malpractice claim. In a May 26, 2021 opinion, the Court of Special Appeals of Maryland considered whether evidence of negligence, which included opinions of two medical experts, was sufficient to survive a summary judgment motion in a medical malpractice case.

The plaintiff in the case was receiving prenatal care from the defendants during her pregnancy. At 38 weeks, she reported decreased fetal movement at a routine prenatal visit. She was referred to the hospital for further evaluation, where she received care from a delivery nurse and physician. Ultimately, the physician diagnosed her with gestational hypertension and discharged her the same day. Four days later, the plaintiff was admitted to the hospital with high blood pressure and had an emergency Caesarean section. Her son was born with multiple health conditions, including a brain disorder.

The plaintiffs filed medical malpractice claims, alleging negligence against the doctor for failing to deliver her son four days earlier, against the nurse for failing to initiate the hospital’s chain of command policy, and against the hospital. After the trial court granted summary judgment in favor of the nurse and hospital, the plaintiffs sought review of the decision on appeal.

Maryland Plaintiff Wins Appeal in Negligence Case Against School Board

June 15, 2021 | by Foran & Foran, P.A.

School safety is an important issue for many parents. In Maryland, schools have a duty to exercise reasonable care to protect students from harm. If a school breaches its duty to a student, the school may be held liable for the resulting injuries. In a May 7, 2021 case, a third-grade student and her mother filed a Maryland personal injury action against the local school board. The plaintiffs alleged negligence for injuries the student received when a classmate threw a chair.

The incident occurred in the plaintiff’s classroom at her elementary school. Two of the students began arguing over a pencil. The teacher separated them by taking one outside of the classroom. When the other student then started throwing desks and chairs, the teacher instructed everyone else to exit the room. The plaintiff was the last to leave, and as she rushed to get to the door, the student threw a chair that struck the plaintiff in the neck. The plaintiff was sent to the school nurse and then an urgent care facility.

The plaintiffs’ lawsuit against the school alleged negligence by the teacher in failing to provide adequate supervision when she removed the student from the classroom. The trial court granted summary judgment in favor of the school, finding that the plaintiff’s injury resulted from the unforeseen acts of another student and could not have been reasonably anticipated by the teacher. An appeal followed.

Court Considers Whether Maryland County May Be Held Liable for Bike Trail Injury

June 14, 2021 | by Foran & Foran, P.A.

Maryland personal injury accidents that occur on public or government property may require additional considerations. Often, legal actions brought against a local municipality arise issues relating to governmental immunity, as in a May 25, 2021 case. The question before the Court of Special Appeals of Maryland was whether or not the trial court properly granted summary judgment for a local county on grounds of governmental immunity.

The plaintiff in the case bicycled regularly on roads and trails in Maryland. One sunny day, he took a break from work to ride his bicycle on a 13-mile trail along a river. The trail is open to the public and free to use for educational and recreational purposes, but was not intended to be a transportation corridor. While riding on the trail, the plaintiff crashed his bicycle and was thrown to the ground.

The plaintiff sued the County for his injuries, alleging that it failed to maintain one of the bridges on the trail. Specifically, the plaintiff claimed that he lost control of his bicycle after hitting a short steel sleeve that was too high above the ground. The steel sleeve previously held a bollard that blocked entry to the bridge, and although the bollard had since been removed, the sleeve remained in the ground. The County filed a motion for summary judgment, asserting that it was shielded from liability by statutory and common law immunity. When the lower court granted the motion, the plaintiff appealed the issue.

Maryland Driver Wins Personal Injury Case for Rear-End Car Accident

June 8, 2021 | by Foran & Foran, P.A.

When several motor vehicles are involved in a Maryland personal injury accident, questions regarding liability and negligence may be more complex than in a typical two-vehicle collision. An April 21, 2021 case before the Court of Special Appeals of Maryland illustrates some of the issues that may arise in a personal injury lawsuit stemming from a multi-vehicle accident.

The case at issue involved the chain-reaction, rear-end collisions of four motor vehicles on a Maryland highway. The plaintiff in the case was driving when the vehicles in front of him came to a stop. When the plaintiff applied his breaks to avoid hitting them, a second driver collided into the rear of the plaintiff’s car. A third driver then rear-ended the second driver, which caused her vehicle to hit the plaintiff’s car again. The repeated impact caused the plaintiff’s car to strike the fourth vehicle, which was directly in front of his.

The plaintiff filed a negligence suit against the second and third drivers, and the case went to trial. After denying the defendants’ motions for judgment, the court submitted the case to the jury. The jury found that the defendants were negligent, and awarded the plaintiff $34,000 for medical expenses, over $10,000 for lost income, and $500,000 in noneconomic damages.

Maryland Court Analyses Legal Status of Plaintiff in Premises Liability Case

June 6, 2021 | by Foran & Foran, P.A.

In some situations, homeowners may be liable for a personal injury that occurs on their property. The care they must take to avoid liability depends on the status of the injured party. In a May 3, 2021 case, the plaintiff filed a Maryland negligence suit against her neighbor after falling down the steps of her neighbor’s porch. The issue before the Court of Special Appeals turned on the legal status of the plaintiff at the time of her injury.

The plaintiff in the case had returned home from work that day and found she was unable to open her front door. She walked to her neighbor’s house and her neighbor’s grandson, who had answered the door, lent the plaintiff a metal knife. After successfully unjamming her door, the plaintiff went back to her neighbor’s house later that day to return it. After handing the knife to her neighbor, the plaintiff turned to leave down the staircase descending from the front porch. She lost her balance and fell, suffering serious injuries to her leg.

The plaintiff filed a premises liability suit, alleging that her injuries were caused by her neighbor’s negligent maintenance of the premises. The trial court granted summary judgment for the defendant, finding that the plaintiff was a bare licensee and that the defendant had not breached any duty to the plaintiff. The plaintiff appealed that decision to the higher court.

Plaintiff Sues Maryland Amusement Park After Incident with Security Guards

June 5, 2021 | by Foran & Foran, P.A.

The evidence in a Maryland personal injury case, or lack thereof, can have a significant impact on the outcome. In an April 27, 2021 opinion, the Court of Special Appeals of Maryland considered whether an unavailable, and potentially unrecorded, surveillance video could be used as evidence. The matter came before the court after the plaintiff had won his personal injury claim against an amusement park at trial.

The plaintiff in the case was visiting the water park area of an amusement park with his two sons. While shirtless, the plaintiff left the water park area and was approached on two occasions by park security, who informed the plaintiff of the park’s policy prohibiting entry into the amusement park area without a shirt. After several heated exchanges, an altercation occurred between the security guards and the plaintiff, which lead to the plaintiff’s head hitting the ground. The plaintiff filed suit against the amusement park for his alleged injuries.

During the closing arguments at trial, the plaintiff’s counsel noted to the jury that the incident had occurred in an area of the park that the defendant had admitted was under surveillance by cameras. However, no witness testified as to whether any video of the evidence was captured, and if so, whether it had been destroyed or was missing.

Maryland Plaintiff Prevails on Medical Negligence Claim Arising from Spinal Surgery

June 3, 2021 | by Foran & Foran, P.A.

In Maryland, performing surgery on a patient without their informed consent may be grounds for a medical malpractice suit. Generally, a medical expert is required to provide evidence of a doctor’s alleged negligence. In a March 15, 2021 opinion, the Court of Special Appeals of Maryland reviewed a lawsuit against a surgeon for performing an allegedly unnecessary procedure on the plaintiff without her informed consent. The matter came before the court on appeal after a jury ruled in favor of the plaintiff.

The plaintiff in the case had sought medical treatment from the defendant for low back pain radiating through her left leg and foot. After several examinations, the defendant recommended surgery on both the left and right side of the spine, despite the lack of any symptoms on the plaintiff’s right side. Following the laminectomy and bilateral laminectomy, the plaintiff experienced physical and neurological pain and disability. The plaintiff then brought a medical negligence suit against the defendant, alleging that the surgery to the right side of her spine was performed unnecessarily and without informed consent.

Before the trial, the court granted the plaintiff’s motion to preclude any evidence or testimony concerning disciplinary action taken, and later overturned, against the plaintiff’s expert medical witness. In so doing, the trial court found that such evidence was irrelevant to the credibility of the expert witness and that questions about it would be prejudicial. The case was then tried over several days, after which the jury returned a verdict in favor of the plaintiff.

Maryland Plaintiff Sues City After Injury from Defective Storm Drain Gate

June 2, 2021 | by Foran & Foran, P.A.

Defective, negligently maintained street infrastructure such as broken water meters or crumbling sidewalks can result in serious personal injuries to pedestrians. In a March 12, 2012 case, the plaintiff in a Maryland injury lawsuit sued a city for negligence after falling on a broken storm drain grate and injuring her leg. The case came before the Court of Special Appeals of Maryland after the trial court entered judgment in favor of the City.

The plaintiff in the case was returning to her car after attending a professional football game. As she walked among a crowd of fans, the plaintiff stepped onto a broken storm drain grate that was missing one of its metal bars. The plaintiff’s foot and leg fell through the gap in the storm drain, causing her to fall. After a fan helped her dislodge her leg from the storm drain grate, the plaintiff was transported to the hospital and underwent surgery on her leg.

The plaintiff brought a personal injury action against the City, alleging that it had been negligent in failing to properly maintain a storm drain and that was part of the street. At the conclusion of the plaintiff’s case at trial, the City moved for judgment, arguing that there was no evidence that it had actual or constructive notice of the defective storm drain. The trial court granted the motion, and the issue was presented to the Court of Special Appeals of Maryland.

Plaintiff Brings Maryland Injury Claims Against Restaurant for Trip and Fall in Adjacent Lot

June 1, 2021 | by Foran & Foran, P.A.

In Maryland, the liability of a property owner for a personal injury depends upon the standard of care owed to the injured person. The standard of care, in turn, depends on the person’s status while on the owner’s property. In a March 25, 2021 case, the Court of Special Appeals of Maryland reviewed a premises liability claim against a restaurant that was brought by one of its patrons.

The plaintiff in the case had dined at the restaurant with her husband and son. Unable to find a parking spot in the restaurant’s designated lot, her husband parked in an adjacent parking lot. The adjacent parking lot belonged to an unrelated limited liability corporation whose tenant had recently vacated the premises. Upon entering the restaurant, the plaintiff testified that they asked the hostess whether they could park in the lot, and she stated “yes, we don’t have any problems” and “everyone does.”

After dining at the restaurant, the plaintiff and her husband headed towards their car. Bypassing the paved portions of the lots and sidewalks, they cut across a grassy area of the property owned by the LLC. After taking a few steps onto the grass area, the plaintiff’s foot landed in a hole that caused her to lose her balance and fall. The plaintiff filed suit against the restaurant, alleging that they knew or should have known of the condition that caused her to fall when she walked across the grassy area. The plaintiff did not file a claim against the owner of the adjacent lot and grassy area.

Maryland Plaintiff Alleges Negligence Claim Against University After Trip and Fall Injury

May 31, 2021 | by Foran & Foran, P.A.

Business entities may be liable for injuries caused by a dangerous condition on their property. In a March 26, 2021 Maryland personal injury case, the Court of Special Appeals of Maryland considered whether an unpainted rollover curb constituted an unreasonable risk to a student. The issue was appealed after the lower court ruled that, as a matter of law, the unpainted curb was not a dangerous condition.

The plaintiff in the case was injured when she tripped on an unpainted rollover curb in the parking lot of a university student center. A rollover curb consists of a gradual incline from street level up to the sidewalk. Some of the curbs on the perimeter of the parking lot were painted yellow to delineate fire lanes, areas in which parking was prohibited to allow access for fire trucks and emergency vehicles. The plaintiff stated that she tripped over an unpainted section of a rollover curb near or adjoining a yellow-painted curb.

The plaintiff brought a negligence action against the university, claiming that it breached its duty to protect against latent, unreasonable risks. The university moved for summary judgment, arguing that it did not breach its duty of care. After the circuit court granted summary judgment for the university, the plaintiff appealed.