Maryland Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Maryland or Court of Appeals of Maryland where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Attorney Grievance Commission of Maryland v. Post - 12/23/2003
The Attorney Grievance Commission of Maryland, the petitioner, by Bar Counsel, acting at the direction of the Review Board, see Maryland Rule 16-709, filed a Petition For Disciplinary Action against Alan Franklyn Post, the respondent,...
Slick v. Reinecker - 12/23/2003
HEADNOTE
SUIT FOR PAYMENT FOR RENDERING OF LEGAL SERVICES - A CONTRACT IMPLIED IN LAW, BUT NO CONTRACT IMPLIED IN FACT - A CONTRACT IMPLIED IN FACT - A CONTRACT IMPLIED IN LAW - THE EVIDENTIARY BACKGROUND - FROM JULY 30, 1999...
Landsman v. Maryland Home Improvement Commission - 12/22/2003
We are asked to decide in this case whether the General Assembly's 2000 amendment to the Home Improvement Guaranty Fund, increasing by a third the maximum amount a homeowner can recover for actual loss due to the unsatisfactory work of...
James v. Butler - 12/18/2003
: JUDICIAL PROCEEDINGS; JUDICIAL PROCEEDINGS ARTICLE §4-401; JUDICIAL PROCEEDINGS ARTICLE §10-104(c); EVIDENCE; JURY VERDICT; JURISDICTIONAL LIMIT
A plaintiff, having taken advantage of the evidentiary shortcut provided by §...
Samsun Corp. v. Bennett - 12/11/2003
In this appeal, we are called upon to address the issue of whether an expert witness with general knowledge may be qualified to testify as to subject matter involving special knowledge, skill, experience, training, and education. In...
Lampros v. Gelb & Gelb - 12/3/2003
L. Chris Lampros, appellant, was sued in a circuit court outside his county of residence in an action for declaratory relief. He contends that the Circuit Court for Montgomery County lacked jurisdiction to hear the dispute due to...
Attorney Grievance Commission of Maryland v. Braskey - 11/24/2003
The Attorney Grievance Commission, acting through Bar Counsel, filed a petition with this Court for disciplinary action against James F. Braskey, alleging violations of the Maryland Rules of Professional Conduct. The Commission charged...
Pak v. Hoang - 11/18/2003
Raker, J., dissents.
This case arises out of a landlord and tenant dispute. In December of 1999, Minh-Vu Hoang, respondent, filed a complaint in the District Court of Maryland sitting in Montgomery County, against Ho and Lisa...
Jones v. Prince George's County - 11/13/2003
The principal issue in this case concerns the proper party or parties to bring a wrongful death action, under Maryland Code (1974, 2002 Repl. Vol.), § 3-901 et seq. of the Courts and Judicial Proceedings Article, where some of the...
Broosk v. Lewin Realty III - 11/13/2003
Raker and Wilner, JJ., dissent
We granted a petition for a writ of certiorari in this case to clarify the notice requirement in lead paint poisoning negligence actions based upon violations of the Baltimore City Housing Code. We...
Attorney Grievance Commission of Maryland v. Gansler - 11/12/2003
Respondent Douglas F. Gansler was admitted to the Bar of this Court on December 18, 1989. On November 7, 2002, the Attorney Grievance Commission of Maryland, by Bar Counsel, acting pursuant to Maryland Rule 16-751(a), filed a petition...
Rourke v. Amchem Products - 11/4/2003
In this appeal, a class of asbestos-injured plaintiffs (appellants) question the Circuit Court for Baltimore City's interpretation of a post-settlement communication by appellees, its impact on the arbitration clause in the settlement...
Dehn v. Edgecombe - 9/4/2003
The appellants, James and Corrinne Dehn, husband and wife, brought a four-count complaint against the appellee, Dr. Glenn Edgecombe, in the Circuit Court for Prince George's County. At the end of the plaintiffs' case, judgment was...
Giant Food - 9/3/2003
In this workers' compensation case appellants, Giant Food, Inc., and Lumbermen's Mutual Casualty Company, ask us to find that the Circuit Court for Prince George's County erred by denying their motion for judgment, and their motion for...
Finucan v. Maryland State Board of Physician Quality Assurance - 6/25/2003
This case presents the question whether the Board of Physician Quality Assurance ("the Board") could reasonably conclude that a physician's having consensual sexual relations with adult patients, at times and locations other than those...
Mason v. Board of Education of Baltimore County - 6/16/2003
Bell, C.J., and Eldridge, J., dissent
We granted certiorari to consider the issue of when, for purposes of § 5-201 of the Courts and Judicial Proceedings Article, a minor become an adult-the day before the minor's eighteenth...
Hemmings v. Pelham Wood Limited Liability Limited Partnership - 6/16/2003
Raker, Cathell and Harrell, JJ. dissent
Suzette Hemmings petitioned this Court to review an order for summary judgment entered in favor of Pelham Wood Limited Liability Limited Partnership and RLA Management, L.L.P. (hereinafter...
Fry v. Carter - 6/12/2003
In this wrongful death and survival action, we must decide whether, in a negligence action following the collision of a tractor-trailer and a roadside worker, it was error for a trial court to instruct the jury on unavoidable accident....
Harris v. Board of Education of Howard County - 6/6/2003
We issued a writ of certiorari in this workers' compensation case for the purpose of reconsidering one particular line of this Court's opinions which have held that, for an injury to be covered as an "accidental injury" under the...
Boone v. American Manufacturers Mutual Insurance Co. - 3/26/2003
This appeal has its roots in a vehicular accident involving Earl and Norma Boone, appellants, and Donald Sites, the "at fault" driver. The case centers on the "underinsurance" provision of the Boones' automobile insurance policy. ...
Hammen v. Baltimore County Police Department - 3/14/2003
Headnote: The Maryland Public Information Act might permit a person to gain access to surveillance videotapes, or other public records, which that person might not be able to access were that person making the request for disclosure in...
Attorney Grievance Commission v. Roberson - 3/11/2003
This is a reciprocal discipline action arising out of disciplinary proceedings initiated in Georgia, where the Respondent, David Roberson (hereinafter "Roberson" or "Respondent"), a member of that bar, exclusively practiced law. ...
Lai v. Sagle - 3/10/2003
HEADNOTE: CIVIL PROCEDURE - TRIALS - MOTIONS FOR MISTRIAL - ABUSE OF DISCRETION EVIDENCE - RELEVANCE - PRIOR ACTS, CRIMES & WRONGS Where plaintiff's counsel in medical malpractice case, in opening statement, made reference to...
Rideout v. Department of Public Safety & Correctional Services - 3/3/2003
Claretta Rideout, appellant/cross-appellee ("Rideout"), and the Department of Public Safety & Correctional Services, appellee/cross-appellant (the "Department"), appeal from a judgment of the Circuit Court for Baltimore City...
Sherrod v. Achir - 2/28/2003
HEADNOTE: Eugene Sherrod et ux. V. Mohammed El-Habib Achir et al., No. 830, September Term, 2002 CHOICE OF LAW - The District of Columbia Compulsory No-Fault Motor Vehicle Insurance Act does not bar a tort claim in Maryland arising out...
Eid v. Duke - 2/13/2003
[Whether A State Law Tort Action Is Preempted By The Federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq.]
Jerry Eid, Sr., an employee of Bell Atlantic Corporation (now called Verizon...
Gallegos v. Allstate Insurance Company - 2/12/2003
Insurance Article § 19-202 does not preclude the exclusion from home day care endorsement in homeowners' insurance policy of liability for off-site injury to child while passenger in motor vehicle.
This case involves the...
Brooks v. Bienkowski - 2/5/2003
We are called upon to decide whether this Court, in entertaining an appeal from a judgment entered by a circuit court in banc panel, is restricted to reviewing the record provided to that panel or whether our review is of the record...
Hodge v. Babel - 1/30/2003
This appeal has its provenance in a January 21, 1999, automobile accident, which occurred in Gambrills, Anne Arundel County, Maryland, about 5:40 p.m. On that date, an automobile, driven by Michael Babel ("Babel"), pulled in front of a...
Darcars Motors of Silver Spring - 1/30/2003
HEADNOTE: Suit For Conversion of Personal Property - Award of Punitive Damages Against Defendant - The Requirement and Definition of Actual Malice - The Difference Between "Implied Malice" As a Rejected Standard and Implying "Malice"...
Hams of Southern Maryland - 12/23/2002
Appellants, Hams of Southern Maryland, Inc. ("Hams"), Jonathan D. Duvall, and Kenneth P. Sullivan, challenge the decision of the Circuit for Prince George's County granting summary judgment in favor of appellees, Nationwide Mutual...
Consolidated Construction Services - 12/23/2002
As amended December 30, 2002.
CONSOLIDATED CONSTRUCTION SERVICES, INC. ET AL. v. ROBERT C. SIMPSON ET AL.
Circuit Court for Howard County Case #13-C-96-31926
Bell, C. J., Eldridge, Raker, Wilner, Cathell, Harrell,...
Britton v. Meier - 12/20/2002
The issue before us is which state - Maryland or Illinois - may exercise jurisdiction over a visitation dispute between a Maryland mother and an Illinois grandfather, when the visitation of the grandfather was originally ordered by an...
Smith v. Dodge Plaza Limited Partnership - 12/3/2002
HEADNOTE Landlord Liability - Victim of stabbing by patron on nightclub premises sued nightclub's landlord on theory that injuries were caused by landlord's failure to terminate lease for nightclub's breach of covenant to furnish...
Applied Industrial Technologies v. Ludemann - 12/2/2002
The principal issue we decide in this appeal is whether the date of a work-related accident must be identified with certainty in order for an employee to recover benefits under the Workers' Compensation Act. We hold that such certainty...
Cooper v. Berkshire Life Insurance Company - 11/14/2002
ON MOTION FOR RECONSIDERATION
In 1990, Joseph Cooper ("Cooper"), one of the plaintiffs and appellant here, purchased from Berkshire Life Insurance Company ("Berkshire"), one of the appellees, two "vanishing premium" life...
Perry v. State - 11/7/2002
HEADNOTE CONVICTION FOR THREE MURDERS IN THE FIRST DEGREE - CONSPIRACY TO MURDER - SUPPLEMENTAL JURY INSTRUCTION ON AIDING AND ABETTING - RULE REQUIRING A NECESSARY INSTRUCTION DOES NOT FORBID AN UNNECESSARY INSTRUCTION - ISSUES HAVE...
Mona Electrical Services - 11/7/2002
Section 9-736(b)(3) of the Workers' Compensation Act ("Act") provides that the Workers' Compensation Commission "may not modify an award unless the modification is applied for within five years after the last compensation payment." Md....
Polakoff v. Hampton - 11/7/2002
The Circuit Court for Baltimore City granted a motion to dismiss a declaratory judgment action brought by Lawrence Polakoff; CFSP Limited Partnership ("CFSP"); Chase Management, Inc. ("Chase"); Stanley Sugarman, Sugarcorn Realty...
Greater Metropolitan Orthopaedics - 11/6/2002
Davis, Adkins, Sharer, JJ.
Appellants Greater Metropolitan Orthopaedics, P.A. (Greater Metropolitan) and Heart Center of Southern Maryland, LLP (Heart Center) appeal from the judgment of the Circuit Court for Prince George's...
Montgomery v. Remsburg - 11/1/2002
At 6:00 a.m. on November 28, just before daybreak on the opening day of the 1998 deer hunting season, Charles Montgomery waited quietly in the underbrush, near the northern boundary of the Montgomery family farm in Ijamsville. It was...
Owens-Illinois v. Cook - 10/30/2002
This case concerns the late John Gianotti, a worker whose exposure to asbestos manufactured by appellant, Owens-Illinois, Inc. ("Owens-Illinois"), and others caused him to contract mesothelioma. Mr. Gianotti died from mesothelioma...
Moore v. Jimel - 9/27/2002
The appellant, Rebecca M. Moore, was, on October 4, 1998, a customer in the commercial establishment owned by the appellant, Jimel, Inc., t/a Hightopps Bar and Grill in the Fells Point neighborhood of Baltimore City. While using the...
Holly Hall Publications - 9/26/2002
The question presented by this appeal is whether the Circuit Court for Cecil County abused its discretion in refusing to vacate an order of default entered against Holly Hall Publications, Inc. and Bonnie Cruickshank-Wallace,...
Southern v. State - 9/17/2002
Raker and Wilner, JJ., dissent
George Wendell Southern, petitioner, was indicted by a Grand Jury in Prince George's County on two counts of robbery and related offenses due to his alleged participation in the robberies of two...
Bozman v. Bozman - 9/4/2002
This appeal asks that we examine the "aged, if not antiquated," doctrine of inter-spousal immunity. Despite its antiquity, the doctrine remains a part of Maryland's common law.
Appellant, William E. Bozman, appeals from an order...
Jenkins v. State - 9/4/2002
A jury in the Circuit Court for Montgomery County convicted Marvin Jenkins, the appellant, of second degree murder and use of a handgun in the commission of a crime of violence in the shooting death of Steven Dorsey, Jr. The appellant...
Pappano v. Chevy Chase Bank - 8/30/2002
In this appeal, Martha K. Pappano, plaintiff below and appellant here, challenges the entry of summary judgment by the Circuit Court for Montgomery County in favor of appellees, Chevy Chase, F.N.B. and Chevy Chase Financial Services,...
Dua v. Comcast Cable of Maryland - 8/29/2002
We issued writs of certiorari in these cases to determine the constitutionality of retroactive provisions in two statutes enacted by the General Assembly.
Ch. 59 of the Acts of 2000, effective October 1, 2000, enacted detailed...
Cooper v. Berkshire Life Insurance Co. - 8/29/2002
In 1990, Joseph Cooper ("Cooper"), one of the plaintiffs and appellant here, purchased from Berkshire Life Insurance Company ("Berkshire"), one of the appellees, two "vanishing premium" life insurance polices insuring the lives of...
Attorney Grievance Commission of Maryland v. Barneys - 8/28/2002
Bell, C.J., and Eldridge, J. dissent
The Attorney Grievance Commission of Maryland, Petitioner, acting through Bar Counsel and at the direction of the Review Board, see Maryland Rule 16-709, filed a Petition for Disciplinary...
Information Systems and Network Corp. v. Federal Insurance Co. - 8/28/2002
This appeal stems from a complaint filed by appellants, Information Systems and Networks Corporation (ISN) and the Port of Oakland, California, against appellee, Federal Insurance Company (Federal), seeking, inter alia, a declaratory...
Ditto v. Stoneberger - 8/28/2002
On July 25, 1998, Edward Stoneberger was hit in the head and killed by a metal pipe that fell from the roof of a two-story feed mill building owned by Richard and Helen Reynolds. At the time of the accident, the building was being...
In re Adoption/Guardianship Nos. T00130003 and T00130004 - 8/22/2002
This appeal is from a judgment entered by the Circuit Court for Baltimore City that granted to the Baltimore City Department of Social Services (DSS) guardianship, with the right to consent to the adoption or long-term care, of...
Smith v. Borello - 8/22/2002
We respond in this Opinion to a question certified to us by the United States Court of Appeals for the Fourth Circuit.
In January, 2000, Stacey Smith and Diana Borello were involved in an automobile accident in Baltimore City....
T-Up - 6/26/2002
This is an action for judicial review of an order by the Consumer Protection Division of the Office of the Attorney General (the Agency). The appellants are Neal Deoul (Deoul), Allen Hoffman (Hoffman), and T-Up, Inc., a Maryland...
White v. Azarian - 6/18/2002
At issue before us is the proper construction of Maryland Code, § 3-2A-04(b)(4) of the Courts and Judicial Proceedings Article, which is part of the law dealing with the resolution of health care malpractice claims. Section 3-2A-04...
Board of Trustees for the Fire and Police Employees' Retirement System v. Mitchell - 6/14/2002
Dissenting Opinion by Eyler, Deborah S., J.
The principal issue before us is whether cancer, resulting from occupational hazards, can constitute an "injury" under Article 22, §§ 29-45 of the Baltimore City Code, 1976 Edition...
John Crane - 6/11/2002
These appeals are from judgments entered by the Circuit Court for Baltimore City in actions for personal injury and wrongful death arising from the exposure of James Scribner to asbestos-containing products manufactured by petitioners,...
Georgia-Pacific Corporation v. Pransky - 6/11/2002
After concluding that Lisa Pransky contracted mesothelioma from her exposure to an asbestos-containing joint compound manufactured and distributed by petitioner, Georgia-Pacific Corporation, a jury in the Circuit Court for Montgomery...
Beyer v. Morgan State University - 6/10/2002
In the present matter, petitioner Janet Beyer ("Beyer"), the Personal Representative for the Estate of Betty Y. Keat ("Keat"), challenges the subject matter jurisdiction of the Circuit Court for Baltimore City on appeal, pursuant to...
Singleton v. Travers - 6/6/2002
This appeal involves consolidated cases where both plaintiffs alleged that they suffered personal injuries arising out of a November 18, 1999, automobile accident. The lawsuits each contain a $25,000 ad damnum clause, and both...
Montgomery County v. Smith - 6/3/2002
The issue we must decide is whether an injury, which an off-duty prison guard suffered while playing basketball at the detention center where he worked, arose "out of and in the course of employment," as that phrase is used in the...
Watts v. King - 3/28/2002
This case involves a dental malpractice action filed against appellants, Dr. Richard Watts and Watts Dental Associates, P.C., by appellee, Michael King. Appellants challenge the Circuit Court for Prince George's County's denial of...
Choice Hotels International - 3/28/2002
This case arises from a lawsuit filed on October 4, 2000, by Choice Hotels International, Inc. ("Choice Hotels") for the return of shares of Prime Hospitality, Inc. stock ("Prime Stock"), which were in the possession of Manor Care of...
Brown v. Contemporary OB/GYN Associates - 3/27/2002
This appeal arises from the unfortunate death of a baby girl who was born prematurely in May 1994 to Folake Odejinmi Brown and Richard Afolabi Brown, M.D., appellants, at Holy Cross Hospital of Silver Spring, Inc. (the "Hospital" or...
Hagerstown Elderly Associates Limited Partnership v. Hagerstown Elderly Building Associates Limited Partnership - 3/12/2002
Bell, C.J., concurring in part and dissenting in part. Wilner & Battaglia, JJ., concurring in part and dissenting in part.
Appellant, Hagerstown Elderly Associates Limited Partnership, is the owner of a public housing...
Attorney Grievance Commission of Maryland v. Wallace - 3/7/2002
On April 12, 2001, the Attorney Grievance Commission, petitioner, by Bar Counsel and Deputy Bar Counsel, filed a Petition for Disciplinary Action against Brian L. Wallace, respondent. The petition, based on six complaints filed against...
Halliday v. Sturm - 3/6/2002
Opinion by Wilner, J.
Battaglia, J., dissents
This case arises from the tragic death of Jordan Garris. In June, 1999, Jordan shot himself while playing with his father's handgun. Jordan's mother, petitioner here, seeks to...
State Retirement and Pension System of Maryland v. Thompson - 3/4/2002
The Circuit Court for Prince George's County, through a writ of mandamus, effectively enjoined the State Retirement and Pension System of Maryland (SRPS) from complying with a statutory mandate to reduce disability retirement benefits...
Lewis v. Allstate Insurance Co. - 3/4/2002
The issue in this case is whether the Maryland statutory provisions regulating motor vehicle insurance, Maryland Code (1997, 2001 Supp.), § 19-501 et seq. of the Insurance Article, authorize a policy provision which reduces the amount...
Simpson v. Consolidated Construction Services - 2/6/2002
A debtor must be just before he is generous. Unfortunately, that principle was not observed here. Appellee and judgment debtor, New Panorama Development Corporation ("New Panorama"), used a settlement agreement, resolving lawsuits it...
Arnstrom v. Excalibur Cable Communication - 2/5/2002
In this workers' compensation case the insurer denied coverage. Thereafter the claimant undertook and completed vocational rehabilitation before the Workers' Compensation Commission (the Commission), the employer, or the insurer...
Kassama v. Magat - 2/5/2002
This is a medical malpractice action brought by petitioner, Millicent Kassama, for herself and for her young daughter, Ibrion, against Aaron Magat, the obstetrician who treated her during her pregnancy. The action arises from the...
Gordon v. Posner - 1/31/2002
As amended February 1, 2002
The issue in this case is who should bear federal and state estate taxes for the estate of Rose Posner ("Rose") attributable to a $4.9 million Marital Trust that was created under the will of Rose's...
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