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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Merritt v. State - 12/5/2001
The defendant in this criminal case, Christopher Merritt, was convicted by a jury in the Circuit Court for Baltimore City of first degree premeditated murder, first degree felony murder, attempted armed robbery, and use of a handgun in...
United Book Press - 12/3/2001
United Book Press, Inc., appellant, brought suit in the Circuit Court for Baltimore County against Maryland Composition Co., Inc., appellee, alleging breach of contract and seeking indemnity. Appellant appeals from a judgment entered...
Chesapeake Haven Land Corporation v. Litzenberg - 11/30/2001
The single issue raised by this appeal is whether the Circuit Court for Cecil County calculated correctly the amount of credit against future worker's compensation benefits an employer/insurer was entitled to claim from an award...
Medical Mutual Liability Insurance Society of Maryland v. Davis - 9/14/2001
This case presents the single question of when post-judgment interest begins to accrue on a money judgment for tort damages, based on a jury verdict, when the judgment is subsequently reduced, via a remittitur, by the trial court. The...
Southern v. State - 9/12/2001
In the morning hours of February 19, 2000, two 7-11 stores in Prince George's County, one located on Auth Road and the second located on Old Branch Avenue, were the subject of separate robberies. George Wendell Southern, appellant, was...
Ford Motor Co. v. General Accident Insurance Co. - 9/10/2001
On 5 August 1995, International Motors, Inc., trading as Montrose Towing (Montrose or Respondent), purchased a tow truck from Elzenheimer Chevrolet. The tow truck had been created by Elzenheimer by adding necessary components to a 1995...
Prudential Securities Inc. v. E-Net - 9/5/2001
Appellant, Prudential Securities, Inc. ("Prudential"), appeals the entry of judgment by the Circuit Court for Montgomery County granting motions to strike the Amended Complaint and motions for summary judgment filed by appellees,...
Azarian v. Witte - 9/4/2001
The "attesting expert provision" of the Maryland Health Care Malpractice Claims Act (the "Act") provides that all claimants under the Act must file a "certificate of a qualified expert," more commonly known as "a certificate of...
Beyer v. Morgan State University - 8/29/2001
The appellant, Janet Beyer, personal representative of the Estate of Betty Keat, challenges a judgment of the Circuit Court for Baltimore City vacating two orders of the Orphans' Court for Baltimore City. The appellees are Morgan State...
Attorney Grievance Commission of Maryland v. Jeter - 8/17/2001
The Attorney Grievance Commission of Maryland (the "Commission"), the petitioner, by Bar Counsel, acting pursuant to Maryland Rule 16-709, filed a Petition for Disciplinary Action against Michael A. Jeter, the respondent, alleging that...
Grimes v. Kennedy Krieger Institute - 8/16/2001
As amended November 27, 2001.
Concurring opinion by Raker, J.
Prologue
We initially note that these are cases of first impression for this Court. For that matter, precious few courts in the United States have...
Roane v. Washington County Hospital - 3/29/2001
The procedural questions raised in this appeal stem from a medical malpractice claim. Appellant, Charles H. Roane, alleged that appellees, Washington County Hospital and Dr. A.F. Abdullah, injured his right arm during surgery for his...
Magee v. Dansources Technical Services - 3/28/2001
As amended November 27, 2001.
We must decide whether summary judgment was appropriate in this employment termination case alleging hostile environment, quid pro quo, and retaliatory sexual harassment. Anna C. Magee, appellant,...
Attorney Grievance Commission of Maryland - 3/8/2001
Bell, C.J., Eldridge & Wilner, JJ., dissent
The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for disciplinary action against Jack A. Bernstein (Respondent), alleging violations of the Maryland...
Ball v. University of Maryland - 3/6/2001
REPORTED
We are here asked to determine the intent of the Legislature with respect to a provision in the Workers' Compensation Law that requires an annual cost of living adjustment of benefits paid to persons with permanent total...
Montgomery County Department of Health and Human Services v. P.F. - 3/6/2001
REPORTED
This is the story of a father who successfully defended himself against accusations that he molested his three year old daughter. It underscores the importance that a thorough, unbiased investigation can play in...
Desua v. Yokim - 3/5/2001
The parties to this appeal from the Circuit Court for Montgomery County were involved in an automobile accident that occurred on September 9, 1993 in Rockville, Maryland. As a result of the accident, Diane DeSua, appellant, ultimately...
American Liberty Financial Services - 3/2/2001
We deal here with the construction of those parts of former Maryland Code, Art. 48A, § 486G, currently codified as Insurance Article, §§ 23-402 and 23-403, which require a premium finance company to give to its customer at least 10...
Kassama v. Magat - 2/28/2001
In this "wrongful life" case, an infant plaintiff asserts that she would have been better off if she had never been born and that she should have been aborted. This presents a question of first impression in Maryland, viz:
May a...
Freeburger v. Bichell - 12/26/2000
This case presents the question whether the Maryland statute that requires a parent to support his or her destitute adult child, if the parent is financially able to do so, creates an independent cause of action in favor of the parent...
McCoy v. Hatmaker - 12/26/2000
This is an appeal from summary judgment granted to appellees in a wrongful death claim and survival action. Appellant Linda McCoy, individually and as personal representative of the estate of William McCoy, filed a complaint on January...
Carven v. Hickman - 12/22/2000
REPORTED
Opinion by Krauser, J.
The issue presented by this case is whether the statute of repose, Courts and Judicial Proceedings § 5-108 of the Maryland Code Annotated (1973, 1998 Repl. Vol.), bars a claim against an...
Suburban Hospital - 12/8/2000
Maryland Code (1991), Title 9 of the Labor and Employment Article (LE) is the Maryland Workers' Compensation Act (the Act). LE § 9-509 in part provides:
"(a) Employers.--Except as otherwise provided in this title, the liability...
Walpert - 11/21/2000
Opinion by Bell, C.J. Wilner, J., concurs
This case presents the issue of under what circumstances, if any, absent a contractual relationship, an accountant is liable for the economic losses of a party who relied on a financial...
Richardson v. McGriff - 11/15/2000
Eldridge and Harrell, JJ., concur in part and dissent in part;
Bell, C.J., dissents
On the evening of January 12, 1996, petitioner and six of his friends broke into a vacant apartment at the Middle Branch Apartment...
Butler v. James - 11/9/2000
REPORTED
Clarence James, appellee, filed suit against Nathaniel Butler, appellant, in the Circuit Court for Prince George's County for injuries appellee alleged that he received when appellant's pick-up truck struck the rear of...
Universal Underwriters Insurance Co. v. Lowe - 11/8/2000
The appeal before us stems from a motor vehicle accident that occurred on May 10, 1996, in which a car driven by Melody Lowe ("Ms. Lowe") collided with a car driven by Nicole Parsons. We are asked, in essence, to determine which of two...
Hollingsworth & Vose Company v. Connor - 11/1/2000
REPORTED
A jury in the Circuit Court for Baltimore City awarded appellee, Charles M. P. Connor, $2.225 million dollars for damages resulting from mesothelioma induced from the asbestos in Kent cigarettes; appellee died two months...
Choi v. State - 9/28/2000
These consolidated appeals arise out of an altercation that occurred on July 10, 1998. Young Charles Choi and Daeho Michael Choi, Appellants, were charged in the District Court for Caroline County, with two counts of second degree...
Swinson v. Lords Landing Village Condominium - 9/8/2000
Negligent misrepresentation: Provision of false or misleading information by Condominium Council of Unit Owners on Resale Certificate, pursuant to Real Property Article § 11-135, may create liability to purchaser of unit who relies on...
Hill v. Scartascini - 9/6/2000
REPORTED
"Zero is neither negative nor positive, but the narrowest of no-man's land between these two kingdoms." And in some situations, such as this, it is more than just a placeholder; it can be an inaccurate and significant...
Mathews v. Gary - 9/5/2000
REPORTED
In the Circuit Court for Prince George's County, Rita Underwood Gary, appellee, asserted a medical malpractice claim against Doctors Shaheer Yousaf and George J. Matthews, appellants, who had (1) treated appellee for...
Bishop v. State Farm Mutual Auto Insurance - 8/18/2000
This State's Insurance Code, Maryland Code (1957, 1991 Repl. Vol., 1992 Cum. Supp.), Article 48 A, § 539, and its motor vehicle law, Code (1977, 1987 Repl. Vol.), §§ 17-103 and 17-104(b) of the Transportation Article, generally require...
Newborn v. Newborn - 6/29/2000
If one spouse suffers personal injury prior to separation, do the proceeds from the settlement of that claim constitute marital property? That is one of the questions that must be answered in this case. Surprisingly, there is no...
Ragin v. Porter Hayden Co. - 6/29/2000
This case is a by-product of the consolidated asbestos trials conducted in the Circuit Court for Baltimore City. We are called upon here to consider the scope of a stipulation as to liability executed in connection with a consolidated...
Adamson v. Correctional Medical Services - 6/14/2000
Mr. Eddie Adamson, Petitioner, is an inmate in the custody of the Maryland Division of Correction ("DOC") of the Maryland Department of Public Safety and Correctional Services ("the Department") and housed at the Maryland House of...
Cole v. State Farm Mutual Insurance Company - 6/14/2000
William Dawson Cave shot and killed Sharyn Cole on 17 September 1994 while she was seated in her parked van in the driveway of his Brandywine, Maryland, home. As a result, John Eddy Jackson Cole (Petitioner), husband of Ms. Cole,...
Brown v. State - 6/9/2000
Bell, C.J., and Cathell, J., concur
After a jury trial in the Circuit Court for Baltimore City, petitioner was convicted of first degree murder, along with various handgun offenses, for which he was sentenced to life imprisonment...
Matthews v. Howell - 6/8/2000
Marcia Ault, appellant, the personal representative of the estate of Kimberly Matthews, decedent, and Lawrence Matthews, appellant, the father and next friend of Brittany and Travis Matthews, the children of Kimberly Matthews, brought...
Housing Authority of Baltimore City v. Bennett - 6/6/2000
[Concerns The Scope Of The Local Government Tort Claims Act's Caps On Damages]
Bell, C.J., Eldridge Rodowsky * Chasanow Raker Wilner Cathell, JJ.
*Chasanow, J., now retired, participated in the hearing and conference of...
Williams v. Maynard - 6/6/2000
[Whether The Failure To Comply With The Local Government Tort Claims Act's Notice Requirement Precludes The Maintenance Of A Tort Action Against A Local Government When That Tort Action Is Authorized By Code (1977, 1999 Repl. Vol.), §...
Seigneur v. National Fitness Institute - 5/31/2000
REPORTED
In this case, we are asked to examine the enforceability of an exculpatory clause found in a fitness club's contract.
On September 4, 1998, Gerilynne Seigneur and her husband James filed a complaint in the Circuit...
Gooslin v. State - 5/31/2000
REPORTED
On May 31, 1994, appellant, Wyvonne Gooslin, was driving home after dropping off her son at school in Cecil County when a vehicle backed out from a driveway into the path of her vehicle. Though she attempted to avoid the...
Philip Morris Inc. v. Angeletti - 5/16/2000
Bell, C.J., Rodowsky and Cathell, JJ., dissent
Petitioners, a host of tobacco manufacturers and related entities, have filed a petition with this Court for a writ of mandamus or prohibition, asking that we direct the Circuit...
Crews v. Hollenbach - 5/11/2000
Circuit Court for Prince George's County
A natural gas leak led to an explosion in Bowie, Maryland on 23 March 1996. As a result of the explosion, Lee James Crews, the foreman of a gas line repair team sent to the scene of the...
Callahan v. Bowers - 3/13/2000
REPORTED
Steven Bowers, an employee of the Giant Food Store, was shot and killed while working on November 19, 1996, by Charles Thomas, a suspected shoplifter in the store on Sinclair Lane in Baltimore City. Subsequently,...
Imbraguglio v. Great Atlantic & Pacific Tea Company - 3/10/2000
In this wrongful death and survival action the decedent was killed when he fell from a forklift-elevated pallet. The Circuit Court for Baltimore City entered summary judgment in favor of the defendants on the ground that the decedent...
Riemer v. Columbia Medical Plan - 3/10/2000
Appellants, Victor G. Riemer, Stephen Marx, and Janet Marx, are subscribers (or members) of Columbia Medical Plan, Inc. (CMP), appellee, a health maintenance organization (HMO). In their complaint, appellants allege that provisions in...
Viamonte v. Viamonte - 3/10/2000
REPORTED
This is an appeal of a judgment of the Circuit Court for Prince George's County in a dispute over custody of the parties' five-year-old son, Alexander J. Viamonte. Following a trial in February 1999 and an in-chambers...
College of Notre Dame of Maryland - 3/9/2000
REPORTED
The issue in this case, one of first impression, is whether a provision in a contract is valid that purports to state when a cause of action accrues for breach, and if so, whether it can be used as a defense by a party...
Narayen v. Bailey - 3/2/2000
Murphy, C.J.,
Wenner,
Alpert, Paul E., (Retired, specially assigned), JJ.
This is an appeal by Vijay Narayen, M.D., from a judgment entered by the Circuit Court for Baltimore City in favor of appellee, Ann. H. Bailey....
Wilson v. N.B.S. - 3/1/2000
REPORTED
Angel Wilson ("Angel"), a minor, by her next friend, challenges the dismissal with prejudice of her lead paint premises liability action against N.B.S., Inc. ("N.B.S."). Angel's lawyers, Alan J. Mensh and Saul E....
Jacobs v. Flynn - 2/25/2000
REPORTED
This medical malpractice case revolves around the events that led to the paralysis of Leo M. Jacobs, appellant/cross appellee. Mr. Jacobs brought a negligence suit against: appellees/cross appellants, Dr. Thomas...
Dorsey v. Nold - 2/10/2000
REPORTED
In this appeal from the Circuit Court for Anne Arundel County, the appellants are the parents and the estate of Candace Dorsey (hereinafter "the Dorseys"), who died on December 14, 1993. The appellees are Candace's...
Burdette v. Rockville Crane Rental Inc. - 2/4/2000
Gary Burdette and Leslie Burdette appeal from a jury verdict in favor of appellees, John Johnson and Rockville Crane Rental, Inc. Gary Burdette, individually and as the father and next friend of Leslie Burdette, filed a wrongful death...
Bushey v. Northern Assurance Co. of America - 2/3/2000
On January 25, 1997, a tragic head-on car accident caused the deaths of two sisters, Miranda and Susan Bushey. Susan was a high school senior when she was driving her grandfather's 1983 Cadillac on the day of the accident; Miranda was...
Philadelphia Indemnity Insurance Co. v. Maryland Yacht Club - 12/10/1999
REPORTED
This appeal focuses on whether a bodily injury exclusion in a directors' and officers' ("D&O;) liability insurance policy applied to a wrongful discharge action instituted against the insureds by a former employee...
Shpigel v. White - 12/10/1999
This appeal is taken by plaintiffs from a summary judgment for the defendant in a personal injury action based on a motor vehicle tort. The appeal arises out of an unsuccessful effort to prove causation and damages through medical...
Perry v. State - 12/10/1999
James Edward Perry v. State of Maryland
No. 23, Sept. Term, 1999
Wiretap law: (1) no co-conspirator exception; person does not lose right to seek suppression of telephone conversation unlawfully intercepted and taped by...
Maryland Automobile Insurance Fund v. Perry - 12/8/1999
Maryland Automobile Insurance Fund v. Ralph Perry
No. 43, Sept. Term, 1999
Owner of insured vehicle with PIP coverage not disqualified from receiving PIP benefits for injuries sustained while occupying insured vehicle...
Jones v. Hyatt Insurance Agency. - 12/8/1999
No. 67, September Term, 1997
Charles S. Jones et ux. v. Hyatt Insurance Agency, Inc., et al.
[Involves An Action By Tort Claimants Against An Insurance Agency Based Upon The Agency's Negligent Failure To Procure Motor...
Falk v. Southern Maryland Hospital - 12/7/1999
A MENTAL HEALTH PROVIDER IS NOT LIABLE FOR THE VIOLENT BEHAVIOR OF HIS OR HER PATIENTS UNLESS HE OR SHE HAD ACTUAL KNOWLEDGE OF THE PATIENT'S PROPENSITY FOR VIOLENCE AND THE PATIENT INDICATES AN INTENT TO HARM A SPECIFIC VICTIM. ...
Tyrone W. v. Danielle R. - 12/3/1999
The Circuit Court for Talbot County denied appellant Tyrone W.'s motion for blood or genetic testing and to set aside an enrolled declaration of paternity respecting T.R., a male child. Tyrone challenges those rulings in this appeal,...
Webster v. Government Employees Insurance Co. - 12/2/1999
This case is a civil appeal that followed the tragic murder of Catherine Elizabeth Webster by William D. Stewart during an attempted carjacking of an uninsured vehicle. Appellants, Webster's parents, brought suit against Government...
In re John M. - 12/1/1999
This appeal arises from a juvenile delinquency proceeding in the District Court of Maryland for Montgomery County, sitting as a Juvenile Court. The juvenile court ordered John M. and his mother to pay $38,000 restitution for the...
Coates v. Southern Maryland Electric Cooperative Inc. - 6/16/1999
Irene Coates, et al. v. Southern Maryland Electric Cooperative, Inc., et al. No. 100, Sept. Term, 1998
Nature and extent of duty on part of utility not to place poles in such proximity to roadways as to endanger persons and...
King v. Board of Education of Prince George's County - 6/10/1999
Ronnchey Lynn King v. Board of Education of Prince George's County, No. 113, September Term, 1998.
WORKERS' COMPENSATION--MENTAL AND NERVOUS DISEASES In order to satisfy § 9-502(d)(1)(i) of the Workers' Compensation Act, a...
McQuay v. Schertle - 6/2/1999
Rebecca Lynn Wozniak was killed when an eight ton tractor load of wood pulp fell on the parked car in which she was sitting, crushing it. Michael John Schertle, Jr., a warehouseman employed by both Baltimore Forest Products and the...
Green v. North Arundel Hospital Association Inc. - 5/26/1999
REPORTED
Darwin Green (Darwin), a disabled minor child, through his parents and next friends, Teresa Johnson and Charles Johnson (appellants), instituted a medical malpractice action against North Arundel Hospital Association,...
Milton Co. v. Council of Unit Owners of Bentley Place Condominium - 5/18/1999
The Milton Company et al. v. Council of Unit Owners of Bentley Place Condominium, No. 86, September Term, 1998.
[Warranties - Real Property - Condominiums. Action by Council of Unit Owners for damages for construction defects in...
Tucker v. Shoemake - 5/18/1999
Gerald Tucker et ux. v. Charles Shoemake d/b/a Rio Vista Plaza, No. 120, September Term, 1998.
[Negligence - Fireman's Rule - Trailer Park Premises. Police officer injured by fall into below ground vault while responding to...
Leung v. Nunes - 5/17/1999
Jennifer Chan Leung et al. v. Joao Nunes et al., No. 89, September Term, 1998.
[Civil Procedure - On motion of defendant action transferred for convenience. Held: Facts insufficient to alter plaintiffs' choice of forum. Remedy is...
Board of Physician Quality Assurance v. Banks - 5/12/1999
No. 87, September Term, 1997
Board of Physician Quality Assurance v. Lester H. Banks * * * Lester H. Banks v. Board of Physician Quality Assurance
[Whether The Board Of Physician Quality Assurance Could Reasonably Conclude...
Ashcraft & Gerel v. Shaw - 5/3/1999
This case is an appeal from an order (Order) issued by the Circuit Court for Prince George's County requiring the production of certain documents in the possession of appellant, Ashcraft & Gerel (A&G;, a law firm which...
Bell v. Heitkamp Inc. - 4/28/1999
This case arises out of a wrongful death/survival action where, for purposes of this appeal, it was conceded that the defendants breached their duty of care owed to the deceased. The central issue presented is whether the plaintiffs -...
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