Miller & Zois, LLC

Maryland Law Update

     This is a relatively recent addition to the Miller & Zois' Maryland Personal Injury Lawyer Help Center. The law covering personal injury motor vehicle accidents and medical malpractice in Maryland is constantly evolving. This area of the Help Center is designed to educate both our clients and other Maryland lawyers about recent evolution in Maryland personal injury law involving motor vehicle accidents, products liability, and medical malpractice. We also include cases of interest that may not be timely but are relevant for Maryland personal injury lawyers handling medical malpractice and motor vehicle accident cases.

• Lockskin v. Semsker (2010) (malpractice cap remains firming in place in all Maryland personal injury cases, including malpractice claims, according to 2010 Maryland Court of Appeals opinion)
• University of Maryland Medical Systems v. Waldt (2009) (malpractice case on qualifications of expert to testify at trial under 20% rule)
• Romero v. Brenes (2009) (case site pending) - ruling on what type of evidence is permissible to demontrate speed and presumptions in single car accidents.
• Pulliam v. Maryland Motor Vehicle Administration (2008) (case site pending) - MVA does not have liability for negligently allowing a driver to keep his license
• Marcantonio v. Moen (2007) (case site pending) - delay in diagnosing cancer medical malpractice case in Anne Arundel County
• American Powerlifting Association v. Cotillo (2007) (case site pending) - assumption to the risk case involving a powerlifting injury in Calvert County
• Boone v. Goldberg (2006) (case site pending) - informed consent medical malpractice case that also discusses impeachment of expert witnesses
• Mahler v. Johns Hopkins University (2006) (case site pending) - Baltimore medical malpractice case that discusses what is required of a Maryland malpractice lawyer to get a plaintiff's informed consent case to a jury.
• McNeill v. Food Lion (2006) (case site pending) - The court overturned trial judge's decision to allow Defendant to exclude an expert's testimony based on deficient expert disclosures when no objection to the disclosures were made during discovery.
• Mayor and City Council of Baltimore v. Hart (2006) (case cite pending) - Written Baltimore City police standards for the police officer's duty of care in going through an intersection is admissible in an auto accident case to the level of care required by a Baltimore City police officer in an emergency.
• Harleysville Mutual Ins. Co. v. Zelinski (2006) (case cite pending) - In a Cecil County truck accident case, the court found there was no coverage, holding that a named driver exclusion is valid in a commerical truck insurance liability policy.
• Mason v. Lynch, 388 Md. 37, 878 A.2d 588 (2005) - In a Prince George's County case, the court considered and then rejected the Davis v. Maute holding that required expert testimony must first establish a causal link between the damages to the vehicles and the injuries to one of the drivers in order for photographs of the accident to become admissible.
• Stearman v. State Farm Mut. Auto. Ins. Co., 381 Md. 436 (2004) - This case deals with the question of whether an insurance company in Maryland is able to exclude or limit auto insurance coverage in an action brought by one family member against another in the event of an auto accident.
• Davis v. Slater, 383 Md. 599, 861 A.2d 78 (2004) - This case settles the question of whether the ad damnum may be altered to terminate defendant’s right to a jury trial. The court found that any party can plead a jury trial, regardless of the amount in controversy.
• State Farm Mutual Auto Insurance Co. v. Crisfulli , 156 Md. App. 515, 847 A.2d 504 (Md. Ct. App. 2004) - good discussion of the interpretation Maryland law of per accident/per occurrence policy limits language.
• Maryland Patients' Access to Quality Health Care Act of 2004 - In an emergency session of the legislature, the Maryland Patients' Access to Quality Health Care Act of 2004 was passed over Governor Ehrlich's veto. The bill freezes the amount of compensation a jury can award for pain and suffering damages in a Maryland medical malpractice case.
• Fry v. Carter, 375 Md. 341 (2003) - Case articulating new Maryland law on unavoidable accident jury instruction.
• Andrade v. Housein, 147 Md. App. 617 (2002) - Discusses whether there is an evidentiary presumption of negligence in Maryland accident cases when a motor vehicle is lawfully stopped on a highway and that vehicle is suddenly struck from behind by another vehicle.
• Dow v. L & R Props., 144 Md. App. 67 (2002) - Discusses the burden of proof in Maryland in the context of a Baltimore City lead paint case.
• Fister v. Allstate Life Ins. Co., 366 Md. 201 (2001) - Opinion interpreting language of a life insurance policy involving the question of what the definition of suicide in Maryland.
• Hartford Ins. Co. v. Manor Inn. 335 Md. 135, 642 A.2d 219 (1994) - Discusses forseeability in negligence cases in Maryland.
• Myers v. Bright, 327 Md. 395 (1992) - Discusses if/when speed alone can constitute contributory negligence in motor vehicle accident cases.
• Bangeura v. Taylor, 312 Md. 609, 624 (1988) - Discussing standard for remittitur and standards for considering appeal of punitive damage awards in Maryland.
• Monongahela R. Co. v. Black, 235 F.2d 406 (4th Cir. 1956) - 4th Circuit case with favorable language for a plaintiff for a motion for remittitur.
• Heffner v. Admiral Tax Serv., Inc., 196 Md. 465, 77 A.2d 127 (1950) - case discussing the rules for motor vehicles when entering an intersection with a green light.
  
  
• Maryland Personal Injury Lawyer Help Center (info for lawyers handling PI cases)
• Maryland Personal Injury Lawyer Blog (discussion and analysis of PI issues)
• Maryland Accident Lawyer Blog (discussion of auto, truck and motorcyle accident issues.
• Maryland Court of Appeals (overview of court)
• Maryland Lawyer Blog (discussion of issues facing Maryland attorneys)