Maryland Law Update | Personal Injury Appellate Opinions

Tort law in Maryland is constantly evolving. This area of the Help Center is designed to educate both our clients and other attorneys about recent evolution in our law. If you are handling civil claims in Maryland, you should know these cases.

This is one resource of many our law firm provides on line to help lawyer get better prepared for trial.  

maryland law update
  • Gallagher v. Mercy (2019) (court uses "one satisfaction" rule to boot a medical malpractice case where the same injuries were claimed in a auto tort claim)
  • Armacost v. Davis (2019) (court affirms plaintiff's malpractice verdict, rejecting the doctor's claim that the jury instructions were flawed because they included general negligence instructions before instructing jurors on the applicable standard of care) 
  • Barbosa v. Osbourne (2018) (puts to rest many ridiculous contributory negligence arguments defense lawyers make in medical malpractice cases)
  • Davis v. Frostburg Facility (2018) (a cautionary tale for plaintiffs' lawyers who file suit against health care provider without going through Health Claims because they assume the case does not sound in malpractice)
  • Dunham v. UMMS (2018) (another cautionary tale, this one involving waiting until the last minute to file a medical malpractice claim)
  • S.H. v. United States (2017) (tough law on applied to a birth injury case on the foreign country exception under the Federal Tort Claims Act)
  • Copsey v. Park (2017) (gives malpractice defendants free rein to point to settled defendants at trial)
  • Henneberry v. Pharoan (2017) (breach of contract in a medical malpractice case)
  • Peeler v. FutureCare (2016) (Miller & Zois' appellate victory against a nursing home trying to assert that a nursing home arbitration agreement preempts our client's ability to bring a civil lawsuit)
  • Lisy Corp v. McCormick (2016) (the mechanics of what is required to plead a jury trial)
  • Falls Garden Condominium Association v. Falls Homeowner’s Association (2015) (not a tort case but goes to question of when is a settlement a settlement when there is a dispute of the details)
  • Keller v. Serio (2014) (what can we say to the jury in an uninsured motorist case?)
  • University of Maryland Medical Systems v. Gholston (2012) (Maryland Court of Special Appeals affirms birth injury verdict in Baltimore City)
  • Garrity v. Injured Workers' Fund (2012) (whether a third party tort case might also be a workers' comp case)
  • Spangler v. McQuitty (2012) (Maryland high court affirmed informed consent birth injury verdict)
  • Swartzbaugh v. Encompass (2012) (Carroll County uninsured motorist case involving the first named insured provision)
  • Muti v. University of Maryland Medical Systems (2012) first Maryland appellate opinion that discusses dealing with "use plaintiffs" in wrongful death/survival action cases in Maryland

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