The Maryland Court of Special Appeals issued an opinion last week in a case that should be read by every Maryland personal injury lawyer who is putting up or cross-examining expert witnesses at trial. What Happened in Yiallouro v. Tolson? In Yiallouro v. Tolson, the plaintiff was injured in a…
U.S. District Court Judge Catherine C. Blake issued a fascinating opinion this week in Allstate v. Warns, denying a former Allstate adjuster’s motion for summary judgment in a “we think you stole our documents and provided them to the plaintiffs’ lawyer” case. The facts are juicy. It is more than…
The purpose of pre-verdict interest is to require a person who owes money to pay for the time value of money, which is the advantage received from the use of that money over time. In contract dispute cases, Maryland provides for 6% prejudgment interest. In personal injury cases, many of…
This week, in University of Maryland v. Multi, Medical Systems, the Maryland Court of Appeals reversed the Court of Special Appeals on a topic that has gone relatively untouched until recently: “use plaintiffs” in wrongful death cases. This appeal involved a medical malpractice wrongful death and survival action claim brought…
The Maryland Court of Special Appeals affirmed this week a $4.1 million verdict (reduced to $3.6 million by the cap) in a medical malpractice, birth injury case against the University of Maryland Hospital in Baltimore City. No one would disagree that the facts are tragic. The plaintiff, now a second-grader,…
This blog is directed primarily to other personal injury lawyers around the country. I try not to focus too much on issues specific to Maryland because there are not enough lawyers in Maryland to maintain a readership. Even when I’m analyzing Maryland personal injury cases, I try to make the…
There is a bill in the Maryland General Assembly that would allow punitive damages against drunk drivers who caused “injury or wrongful death while operating a motor vehicle.” Punitive damages would be available against drunk drivers: (1) With a blood alcohol concentration of over .15; or (2) With a blood…
There is a big new Maryland Court of Special Appeals’ opinion in Garrity v. Injured Workers’ Insurance Fund, an opinion issued this week that every Maryland car accident lawyer should read, particularly those like me who rarely handle workers’ comp cases. If you handle motor vehicle injury claims, you need…
The Baltimore Sun has an article this week about Columbia criminal attorney Clarke F. Ahlers attempt to unseat Judge Lenore R. Gelfman and Judge William V. Tucker on the Howard County bench in November. I don’t know Ahlers. I know he was a former Howard County police officer who taught…
LawyersUSA has an article out today on the struggles that personal injury attorneys have had in getting fair compensation for their clients in accident and malpractice cases. The article contains a few quotes from me. There are a couple of leitmotifs lawyers deal with when representing injured people who are…