A California jury has awarded an Oregon girl $24.3 million in damages for being run over by a tractor trailer truck. The defendant was a transport company that was the carrier, insurer and guarantor of delivery for the truck’s contents. At the time of the accident, the girl was 14.…
In the 2008 case of Allen v. Marriott, the Court of Special Appeals came down with a frigid decision for plaintiffs who are injured when falling on black ice. The Court of Appeals denied cert. which means the case is the current law in Maryland. The facts of Allen v.…
Following the drowning death of their three-year-old son in a septic tank, a Montana family recently filed a lawsuit against their local water and sewer district. In 2007, the young boy, while playing in a driveway at a family friend’s home, fell into the tank and drowned. In the lawsuit,…
Our Maryland plaintiff’s attorneys are experienced in handling cases involving Marylanders who are injured by unscrupulous realtors. Often we prosecute malpractice claims against the realtor for claims such as fraud or conflict of interest. During the course of this representation, we are asked how to file a complaint with the…
The most recent Maryland Court of Appeals case discussing whether Maritime Law applies can be found in Matthews v. Howell, 359 Md. 152, 753 A.2d 69 (2000). Facts: Four friends boarded a boat and traveled to a bar. After consuming a variety of alcoholic drinks, the friends returned to the…
In many personal injury actions which happen on a boat or on the water, the value of the case and the way lawyers approach the case depends on whether maritime law applies. Originally, maritime or admiralty law was applicable when any claim arose upon the navigable waters of the United…
A Baltimore man was tragically killed on Saturday night in a hit and run accident on the 4700 block of Greenspring Avenue. A recent Baltimore Sun article reports that James Little, Jr. was struck by a Jeep Cherokee traveling northbound on Greenspring Valley Road which left the scene following the…
Liability defenses often used by drivers against bicyclist involved in accidents in Maryland include: A. Contributory Negligence Maryland recognizes the defense of contributory negligence as a complete bar to a plaintiff’s recovery. In order to succeed in asserting this defense, the driver of a vehicle that strikes a cyclist would…
• Bicyclists: – Bicyclists possess all of the same rights and duties as drivers of motor vehicles. Md. Transp. Art. §21-102 – Bicyclists, like drivers of motor vehicles, must exercise ordinary care under the circumstances. Kaffl v. Moran – Bicyclists must ride as close to the right side of the…
SUMMARY OF APPLICABLE MARYLAND STATUTES AND CASELAW I. Rules of the Road, Duty & Standard of Care The Maryland Transportation Article codifies the “Rules of the Road” for all vehicles traveling on Maryland roadways. All drivers of vehicles in Maryland must observe the rules of the road. Md. Transp. Art.…