When I try a case with another lawyer (usually my partner, Laura Zois, if we are trying a large case), I always want to do the opening statement and direct examination of our client because I believe these are the most important components of a trial. Particularly the opening statement.…
If you are a personal injury lawyer who regularly tries cases, you have encountered a witness, most likely the defendant’s medical expert, that you just cannot cross-examine even if your technique of cross-examination is sound. After you walk back to the trial table with your tail between your legs, what…
Frequently, insurance adjusters, plaintiffs’ personal injury lawyers, and defense lawyers confuse two important concepts when a defendant driver is using someone else’s vehicle: permissive use vs. negligent entrustment. I had an adjuster confuse the two last months during settlement negotiations so I thought I would write today about the differences…
More and more personal injury lawyers in Maryland accident cases are doing battle over the ‘independent’ medical examination. Attorneys argue over everything from who should conduct the examination, how far the plaintiff should have a drive for the examination, to more substantive issues such as the examining doctor’s financial records.…
More often than ever before, our lawyers are having difficultly getting timely answers to discovery from defense lawyers. I do not think this is some nefarious plot. Rather, I think defense lawyers are used to answering discovery whenever they feel like it because no one holds their feet to the…
The cap on pain and suffering damages in Maryland for claims arising after today has increased to $680,000. This is also the maximum cap on any non-medical malpractice wrongful death case if there is only one claimant. The wrongful death cap with two or more beneficiaries in a non-medical malpractice…
The Maryland Daily Record published in an interview on Friday with Maryland Court of Appeals Chief Judge Robert M. Bell who had some interesting comments on seeking certiorari that I think would interest any personal injury lawyer seeking an appeal to a higher court where the appeal is not a…
This is a 14 year-old post but updated on May 3, 2020 to give the current state of negligent security law in Maryland. the Maryland Court of Special Appeals decided the case of Veytsman z. New York Palace, Inc. The issue in Veytsman was whether a nightclub had a duty…
The Baltimore Sun ran a story today about Baltimore County, Maryland prosecutor James Gentry was preparing to try an awful murder case of a nine-year-old girl in 1998. If you are a prosecutor, this is one you need to win. Looking for an extra edge, he turned to his sister…
As I showed yesterday, my post today is on a trial we had last month in Baltimore, Maryland. Our client was making a left on a light turning red and hit a car coming in the opposite direction making a right turn. These are tough cases in Maryland, Virginia, the…