Spring 2019
Independent Contractors: When is the Contracting Entity Liable for the Acts of Subcontractors?
By Lauren N. Rutkowski
The Maryland Court of Special Appeals in Jones v. Washington Suburban Sanitary Commission, has returned to the topic of independent contractors and when the hiring entity may be held responsible for the negligent act of the hired independent contractors. Plaintiff Jones was operating his motor vehicle on a public roadway…
Recent Developments - Maryland
Timeliness of an Appeal – The Date From Which the Appeal Period Begins to Run Must be Made Available to the Public
The Court of Special Appeals had the opportunity to clarify the date from which the time for filing an appeal begins to run in the case of Won Sun Lee v. Won Bok Lee. Maryland Rule 8-202 requires that a notice of appeal be filed within 30 days after entry of…
Liability of Landlord to Injured Plaintiff for Tenant’s Dog Bite
In the case of Ogunde v. Johnson, the Court of Special Appeals was asked to consider whether a landlord could be held liable to a plaintiff who was injured by a tenant’s dog. At trial, the jury found in favor of the plaintiff, but the trial judge granted the landlord’s motion…
Customized Jury Instructions Applicable to Medical Malpractice Claims
A medical malpractice claim is a derivative of a traditional negligence claim and therefore, a plaintiff must prove the traditional elements of negligence: (1) defendant had a duty to plaintiff; (2) defendant breached that duty; (3) defendant’s breach was the proximate cause of plaintiff’s injuries; and (4) plaintiff sustained damages. …
Recent Developments - Virginia
Statement of Dead Defendant Properly Admitted Into Evidence
Debra Shumate was the driver of a vehicle that was rear-ended by a car driven by William Thompson. Thompson died of unrelated causes before the complaint was filed. In the subsequent lawsuit, Thompson’s estate admitted liability, and the trial was limited to the issue of damages. The trial court permitted…
Transgender Prisoner Entitled to Hearing on Name Change Application
Brian Allen Leonard, an inmate at the federal prison in Petersburg, Virginia, filed a name change application in the Circuit Court of Prince George County to change her name to Bree Anna Leonard. According to the application, Leonard was transitioning from a male to female identity. A requirement prior to…
Conflicting Interpretations of Insurance Policy Must Be Reasonable to Create an Ambiguity
The Virginia Supreme Court recently held that in insurance coverage dispute cases, in order for there to be an ambiguity in an insurance policy, there must be conflicting interpretations of policy language that are reasonable. In Erie Insurance Exchange v. EPC MD 15, LLC (decided January 17, 2019) Erie Insurance Exchange (“Erie”)…
Recent Developments - District of Columbia
Policy Exclusion for Failure to Turn off Water
In Katopothis v. Windsor-Mount Joy Mut. Ins. Co., the U.S. Court of Appeals for the District of Columbia Circuit reviewed an exclusion in a homeowner’s policy that required the insured to either maintain heat in the home and turn off the water supply or turn off the water supply and drain…
Fee Disputes with an Insured’s Preferred Defense Attorney
When an insured is sued for both covered and non-covered claims many carriers provide their insureds with the option of accepting assignment of panel counsel or retaining their own attorney to defend them. When an insured selects their own attorney those carriers often limit the rates that private counsel can…
Post-Judgment Impeachment of Jury Verdict
Generally a defendant cannot obtain a new trial by speculating that a juror was coerced to side with the majority’s finding. However, in Coley v. United States, the District’s Court of Appeals overturned a criminal conviction and granted a new trial when (1) a juror during polling indicated that she did…