Winter 2018
The Strategic Use of Claims for Negligent Hiring, Training, or Retention To Admit Irrelevant Character Evidence, and How Defendants Can Shield Against Such Claims or Use Such Claims as a Sword
By Matthew J. Gannett
Under the Maryland Rules of Evidence, character evidence is generally not admissible to prove that the person acted in accordance with that character trait. For instance, in a motor vehicle case, a Plaintiff may not present evidence that the Defendant is a terrible driver in order to convince the jury…
Recent Developments - Maryland
Jury Instructions – Medical Malpractice
In Davis v. Armacost, the Court of Appeals held that the trial court erred in giving the jury instructions based on general negligence that referenced the conduct of a “reasonable person,” rather than based on medical negligence that referenced physician defendant’s “similarly skilled peers.” The Court reasoned that this error heightened…
Lex Loci Contractus: Brownlee v. Liberty Mutual
The Plaintiffs, five individuals, all claimed they were exposed to lead-based paint at a property owned by the Salvation Army and located at 1114 North Calvert Street in Baltimore City, Maryland. Plaintiffs resided at the property in years ranging from 1995 to 2001 and all claimed elevated blood lead levels…
Court of Appeals Reduces Deference Owed to Plaintiff’s Choice of Forum
In University of Maryland Medical System Corp., et al. v. Kerrigan, et al., the Plaintiffs, B.K. and his parents, Kimberly and Michael Kerrigan (“Plaintiffs”), residents of Talbot County, filed a medical malpractice claim against seven defendants: three medical corporations and four individual doctors. The malpractice claim was based on the defendants’…
Recent Developments - Virginia
Virginia Court of Appeals Reminds Workers’ Compensation Claimants that the Commission’s Role is Limited
The Virginia Court of Appeals recently heard an appeal from a Workers’ Compensation Commission ruling regarding the medical necessity of an employee’s requested “running blade.” The claimant’s doctors testified that the blade would improve the claimant’s quality of life and would aid the claimant in athletic activities. The employer’s experts…
Virginia Supreme Court Provides Clarity on Spoliation – Evidence of Bad Faith Required
While most people were enjoying some holiday downtime, the Virginia Supreme Court made a very important ruling in Emerald Point LLC v. Hawkins that will impact many areas of civil litigation. On December 28, 2017, the justices overturned a $4.1 million verdict in favor of apartment tenants harmed by carbon monoxide poisoning…
Recent Developments - District of Columbia
Former Employee Must take Affirmative Action to Terminate Employment to Deny Unemployment Compensation – Nwokwu v. Allied Barton Security Service
Mr. Nwokwu was employed by Allied Barton, a security services company. Initially, he was assigned to a particular location, but was removed from that work site by Allied Barton after a supervisor reported that he had been sleeping at his post. There were multiple versions of what happened next, but…
Necessary for Employers to Rebut Potential Causations in Workers’ Compensation Matters
In the case of Phillip Battle v. Washington Metropolitan Area Transit Authority Intervenor, the D.C. Court of Appeals considered whether an employer had rebutted the claim of a workplace injury by the worker’s compensation claimant. Under the D.C. Worker’s Compensation Act, if one theory of employment causation has the potential to…