Fall 2020
Summary Judgment Based on Maryland Good Samaritan and Immunity Statutes Upheld
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By James S. Liskow In Coit v. Nappi, the Court of Special Appeals affirmed the lower court’s ruling granting summary judgment in favor of an ambulance company in Plaintiff’s wrongful death and survival action. 2020 Md. App. LEXIS 949 (October 1, 2020). Plaintiff’s decedent died of an acute asthma attack.…
Recent Developments - Maryland
Filling the Empty Chair
By Robert S. Morter In American Radiology Services, LLC v. Martin Reiss, a medical malpractice case recently decided by the Maryland Court of Appeals, the Court reiterated that a defendant wishing to point to the negligence of non-parties must elicit admissible evidence via expert testimony in order to generate a…
Offer, Acceptance, and Lapse
by Emily F. Belanger In the recent case of Moore v. Donegal Mutual Insurance Company, the Court of Special Appeals of Maryland was faced with the issue of whether a settlement offer lapsed or if the offer was accepted within a reasonable amount of time. 2020 Md. App. LEXIS 944…
Recent Developments - Virginia
Misnomer or Misjoinder?
By Jason C. Greaves The Virginia Supreme Court blurs the difference, excusing plaintiffs from naming the wrong party. Misnomer and misjoinder are frequently confused terms, but the Virginia Supreme Court, in its recent decision of Hampton v. Meyer, has confused them further to the benefit of plaintiffs. 847 S.E.2d 287…