Maryland Injury Law Center

March 5, 2013

Premises Liability Verdict Statistics

Jury Verdict Research has some interesting statistics on verdicts on money damages awarded at trial in premises liability claims.

Also included in the report is a look at median awards in different types of premises liability cases. So, at least theoretically, we have on average the same injuries but different defendants. The median award for premises liability claims against owners/operators of industrial property was the highest at $250,000. The median awards for other premises liability cases, according to the studies, were: $125,000 against recreational facilities; $114,726 against government property; $95,883 against service establishments; $75,000 against residential property owners; and $82,500 against retail stores.

I’m probably overstating the case. Owners of industrial property are far more likely to be mixing with dangerous activities, I’m sure. Still, the differences in the data are striking. Juries definitely consider who their plaintiffs and defendants are and that invariably gets factored into the verdict. It shouldn’t. But juries are human beings.

March 5, 2013

Medtronic Infuse Bone Graft Lawsuit Update

by Ronald V. Miller, Jr.

We have the technology to essentially create bone. Just extremely cool. Drug and medical device companies come up with some unbelievable stuff that have really changed the world. Most of these companies are doing great work. Admittedly, I just focus on the negative. But it is worth nothing that most of these companies have changed the world and decreased human suffering. That is a great thing.

But…. there is a but. Bone grafts, as cool as they are, have to be done right, or the cure will be worse than the original problem. Medtronic is a company that, in my opinion, has a history of taking shortcuts that hurt patients. Most prolifically in recent years was the way they botched their defibrillator leads. The cases would have been worth billions but the Supreme Court completely bailed them out with an awful preemption ruling. Continue reading

March 4, 2013

Verdict for Railroad Worker in Baltimore City Affirmed

by Ronald V. Miller, Jr.

The Court of Appeals of Maryland decided a negligence case, CSX Transportation, Inc. v. Pitts last Thursday. This blog post goes deep into issues that are related to the Federal Employers Liability Act (“FELA”). Looking back on it, I probably would not have spent this much time on it because I don’t think FELA is a hot topic to most of you and you may not want to get deep in the weeds of this case. But if you are handling FELA cases, this is obviously a must read.

The plaintiff filed suit in Baltimore City under FELA, alleging that the defendant railroad company was negligent in using large ballast instead of small ballast on the tracks. (Ballast is just crushed rock. Large ballast is used to support railroad tracks, while small ballast is used for walking surfaces.) The plaintiff, who had worked for the defendant for 40 years, claimed that walking on the large ballast caused him to develop severe osteoarthritis in both knees. Over the long course of his employment, the plaintiff walked anywhere from half a mile to six miles a day on the job as a conductor, brakeman, fireman, hostler, or engineer. The plaintiff first felt knee pain in 2003 when he was in his early 50s, but he did not see a doctor until 2007. The plaintiff discovered then that he had osteoarthritis and subsequently sued for recovery. Plaintiff sued and received a $1,779,000 verdict from a Baltimore City jury. Continue reading

February 27, 2013

Dr. Nikita Levy: Potential Lawsuits Against the Doctor and Johns Hopkins

by Ronald V. Miller, Jr.

Like the rest of the Baltimore community this past week, I was shocked to hear that Dr. Nikita Levy, a gynecologist at Johns Hopkins’ East Baltimore Medical Center, has been accused of secretly videotaping and photographing his patients.

You have heard the allegations if you have access to a newspaper or a television in Baltimore. Dr. Levy, an OB/GYN with an excellent reputation, used a pen camera and other surreptitious devices to photograph and film his female patients. Dr. Levy had worked at the hospital for his entire 25-year career until his dismissal on February 8, when a coworker blew the whistle on the alleged operation after noticing something unusual about the doctor’s examinations four days earlier.

February 25, 2013

Medical Malpractice Recovery Frequencies

by Ronald V. Miller, Jr.

Year	Childbirth Negligence	Diagnosis Negligence	Surgical Negligence	Medical Malpractice Overall
2004	43%	25%	24%	27%
2005	32%	30%	21%	26%
2006	26%	25%	28%	26%
2007	30%	30%	22%	25%
2008	41%	24%	29%	26%
2009	30%	26%	27%	26%
2010	29%	17%	22%	21%

February 21, 2013

2013 Maryland Tort Appellate Opinions

by Ronald V. Miller, Jr.

One thing I have committed to in 2013 is writing a blog post on every new Maryland personal injury-related opinion. Not just for you or for the blog traffic but to keep me abreast of ever-changing Maryland law. If you think I have missed a case, please let me know.

We have four personal injury related cases so far in 2013:

Smith v. Johns Hopkins Community Physicians: New forum non conveniens opinion from the Maryland Court of Special Appeals that I can’t say I enjoyed.

February 5, 2013

We Are Losing Our Way in Applying Venue Laws in Maryland

by Ronald V. Miller, Jr.

Last week the Maryland Court of Special Appeals upheld a trial court’s ruling in Smith v. Johns Hopkins Community Physicians.

Before we get into the facts, let’s talk Maryland venue law. Here is the most important thing you would need to know in a just world:

The moving party has the burden of proving that the interests of justice would be best served by transferring the action…and a motion to transfer should be granted only when the balance weighs strongly in favor of the moving party.

February 4, 2013

Intersection of Tort and Contract: New Maryland High Court Opinion

by Ronald V. Miller, Jr.

Last week, the Maryland Court of Appeals decided 100 Investment Limited Partnership v. Columbia Town Center Title Company. This is a business transaction case, so it is a little outside the usual purview of this blog. But it talks duty of care in tort cases which is spot on a topic of this blog and vicarious liability. It also talks about contractual indemnification which is a topic I have taught and published on it in the past. So I thought a quick write-up might be of interest. If you are looking for the usual personal injury fare, please drive through and check back tomorrow. Continue reading

January 30, 2013

Jury Award 35 Times State Farm Settlement Offer

by Ronald V. Miller, Jr.

I was expecting and got a call Monday night. My parent Laura Zois was at trial in Frederick County in a rear-end car accident case. I got word of the verdict: $291,000 and some change. A verdict exceeding the at-fault driver’s of $100,000 and the uninsured motorist policy of $250,000. This is not our first excess verdict against State Farm and it won’t be our last. But it always feels good.

State Farm claims are always a challenge to settle. More than any other insurance company, they just do not make settlement offers that entice victims to settle before trial. The settlement offer, in this case, was $8,200. I felt like we should have gotten an even larger verdict in this case. I was a little disappointed we did not. This speaks volumes of where were are, at least in Maryland, with State Farm. We can get a verdict 35 times the settlement offer and still not view it as an epic victory. Because State Farm’s offer was not even remotely between reasonable.

Another Jury Verdict Against State Farm

January 28, 2013

New Sanctions Opinion

by Ronald V. Miller, Jr.

Insurance companies are sometimes arrogant about [fill in the blank]. One phrase that fits neatly into that blank is “pretrial obligations.” The insurance company is not a party to the case and it feels at least a little outside the reach of a judge’s fist.

Judges used to the fear of that fist can get angry when their orders are brushed aside as the insurance company found out in Station Maintenance v. Two Farms, decided on Thursday by the Maryland Court of Special Appeals.

Plaintiffs, in this case, filed suit in Baltimore Court alleging that approximately 5,400 gallons of gasoline had leaked out of the defendant’s underground storage tanks at its facility on Pulaski Highway, in Baltimore, Maryland, contaminated their property. Plaintiff settled the case for $2.7 million and assigned their claims against another defendant to the settling defendant. The case proceeded along. The court ordered the parties to appear at a settlement conference and for the insurance companies to send a senior officer or employee of both insurance companies to come with settlement authority up to the full limits of its policy.

You can guess what happened next. The insurance company for one of the parties – Mid-Continent -didn’t post for one of the parties. Originally, the other defendant (now the plaintiff, really) sought attorneys’ fees and costs but quickly realized he was not reaching far enough and asked for a default judgment in the amount of one million dollars. The judge granted the motion. The question was: can the settlement judge do that? Continue reading