The Maryland Court of Special Appeals in a 2-1 decision today affirmed a Frederick County trial court’s grant of summary judgment to Erie Insurance in an underinsured motorist lawsuit. The nutshell: State Farm paid its $100,000 liability policy in a serious injury car accident case. Plaintiff sought payment under his…
The 1st Circuit Court of Appeals wrote a helpful opinion in Morel v. DaimlerChrysler AG for product attorneys who get the name of the defendant wrong when filing just before the statute of limitations expires. The court elevated substance over form in finding the claim “relates back” under federal law. The…
University of Baltimore law professor Richard W. Bourne wrote an article published this year in the Arkansas Law Review articulating the theory that there should be an independent tort claim when a doctor destroys evidence or when a doctor fails to disclose to the patient that there has been a…
The New York Times has a good article today on Independent Medical Examination doctors, including a doctor referred to by New York injury lawyers as “Doctor Says-No.” We have several IME doctors in Maryland that must be related to him because they have the same last name. The New York…
The Maryland Daily Record has a blog post that discusses the much talked about Exxon trial in Baltimore County. I have not blogged about it because it is not a personal injury case and I really don’t have any insight into the proceedings. But this Daily Record blog post from…
I was trying an auto accident case recently where the Plaintiff’s lost wages were at issue. The Plaintiff did not have an “off slip” from a doctor. Instead, she took off work when she felt like her pain dictated taking a day off. On cross-examination, my client was grilled—over objection—about…
The Maryland Daily Record reports that a personal injury settlement is not subject to garnishment for child support, according to the Maryland Court of Special Appeals opinion in Rosemann vs. Salsbury, Clements, Bekman, Marder and Adkins, LLC. This action stems from an effort by a father to get child support…
I recently read a closing argument in another lawyers’ medical malpractice case. In his final thoughts to the jury, he reminded the jurors of what I always remind jurors of when I’m delivering a closing: the memories of the victim will fade for you and for me, but this person…
Wisconsin Lawyer (link since removed) has an interesting article on the impact a juror’s political bent has on the amount of damages awarded in personal injury cases. The study contained 476 mock jurors who identified themselves as either Democrats or Republicans. The jurors took part in mock trials for cases…
Reuters reports that the family of a man killed in a stampede of frenzied Christmas shoppers on Black Friday filed a wrongful death lawsuit against Wal-Mart in New York. This is a very public case. It will be hard to find a juror that has not heard about it. Many…