Recovery Without Physical Injuries
October 18, 2022
In Maryland, a plaintiff can (sometimes) recover in negligence without physical injuries. Ordinarily, a plaintiff cannot recover for a purely emotional injury that was caused…
Landlords Can (sometimes) be Held Liable for a Third-party’s Criminal Acts Against Tenants
November 10, 2021
Generally, when a tenant takes possession of premises from a landlord, the tenant becomes the de facto owner and occupier of the leased premises for…
Maryland’s Intermediate Appellate Court Rejects the Viability of a “Loss of Years” Claim in Wrongful Death and Survival Action Claims
July 22, 2021
Maryland, unlike some jurisdictions does not recognize the “loss of chance” theory in wrongful death medical malpractice cases. Therefore, a claimant must establish that, but…
Maryland’s Appellate Court Clarifies the Elements of the Open and Obvious Doctrine
March 11, 2021
Maryland’s intermediate appellate court has clarified the elements of the open and obvious doctrine (and whether separate jury instructions and verdict sheet queries may be…
Landowners Not Entitled to Immunity Under Recreational Use Statute
October 21, 2020
Landowners are not entitled to immunity under the Recreational Use statute for injuries sustained by their social guests. Generally, a landowner owes a duty of…
A Plaintiff is Entitled to One Satisfaction for her Injuries, even when the alleged prior satisfaction is a settlement, not a judgment
July 16, 2019
Maryland’s courts have long-recognized that multiple tortfeasors can contribute to a plaintiff’s injuries, and that the plaintiff is entitled to only one satisfaction for her…
Senate Bill would Increase Threshold for Demanding Jury Trial
March 15, 2019
Any civil Defendant presently is entitled to demand a jury trial if they have been sued for more than $15,000. If the case is pending…
A Plaintiff Asserting the 5th Amendment Privilege Against Self-Incrimination May Obtain a Stay of a Related Civil Action
November 1, 2018
In Heffington v. Moser Maryland’s Court of Special Appeals addressed a novel issue – under what circumstances is a trial court required to grant a stay to…
Two Different Methods Are Now Approved for Calculating Lost Income Awards in Maryland Worker’s Compensation Claims
July 2, 2018
It would seem rational that an injured employee’s award for lost income should be calculated based on the average number of hours worked in the…
Enhanced Uninsured and Under-Insured Coverage in Maryland
March 1, 2018
A recently-enacted statute substantially changes the law regarding under-insured motorist claims in Maryland. If a policy was sold, issued or delivered prior to July 1,…