I had a prospective client call in a few weeks ago with an interesting uninsured motorist waiver issue that I thought I would share. To keep the world simple, Maryland law requires that insurance companies match up their insured liability coverage to their uninsured motorist coverage. But it allows for…
In Maryland, and in most states, there are immunities for police, fire and rescue agencies and personnel from civil liability for negligence. There is an exception for intentional torts and a “grossly negligent act.” Of course, this begs the question of what is a “grossly negligent act”? In Markevicz v.…
Dear USAA: You have some of the best, most sophisticated adjusters of any car insurance company out there. Generally speaking, you make more reasonable settlement offers than the other companies with big car insurance market share in Maryland (better than GEICO, State Farm or Allstate). Sure, you force us to…
In all the hubbub about Robert McDonald’s selection to the Maryland Court of Appeals, I neglected to mention the new Circuit Court judges: Baltimore County District Judge Nancy Purpura (Baltimore County) William Rogers Nicklas Jr., a personal injury lawyer (Frederick County) Harford County prosecutor Melba Elizabeth Bowen (Harford County) Howard…
The Maryland Daily Record is reporting that Governor O’Malley today named Robert N. “Bob” McDonald to the Maryland Court of Appeals. Soon to be Judge McDonald is the chief counsel of the Opinions, Advice and Legislation Division in the Office of the Maryland Attorney General where he has been for…
This is a time of year for top 10 lists. So I have put together a list of the top 10 opinions of interest to personal injury lawyer from the Maryland Court of Appeals and the Maryland Court of Special Appeals and from the federal bench: Poole v. Coakley Williams…
The Defense Line – a publication of the Maryland Defense Institute – publishes a quarterly newsletter that includes a few “Hey, look, Ma, we got a defense verdict” pieces. Here is a sample: Johnson, et al. v. Dr. Rosemarie Filart, M.D., et al. — Bonner Kiernan Obtains Defense Verdict in…
The Maryland Court of Special Appeals turned back another injured victim under the archaic “Really, do we still have that in 2011?” doctrine of sovereign immunity. The plaintiff alleged she suffered an ankle injury when she slipped and fell on a wet platform after exiting a train at the Cheverly…
I was always into statistics. When I was little, baseball statistics were the outlet. I was doing Moneyball when Billy Beane was still learning what a double steal is. (This is hyperbole. I like to exaggerate the things I saw coming.) Like a lot of us, I looked at risk…
The Washington Post reports that Montgomery County Judge Brian G. Kim resigned after reports of a road rage incident circulated. Apparently, Judge Kim was accused of tailgating a woman – yes, it matters to me – because he was believing he’d been cut off. She reported to the police that…