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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Martin v. Beverage Capital Corporation - 3/25/1999
Patricia Martin et al. v. Beverage Capital Corporation et al. - No. 60, 1998 Term
WORKERS' COMPENSATION - Maryland Code (1991 Repl. Vol.), Labor and Employment Article, 9-681(d) permits additional benefits where surviving spouse...
Martin v. Beverage Capital Corp. - 3/25/1999
Patricia Martin et al. v. Beverage Capital Corporation et al. - No. 60, 1998 Term
WORKERS' COMPENSATION - Maryland Code (1991 Repl. Vol.), Labor and Employment Article, § 9-681(d) permits additional benefits where surviving...
Maryland State Highway Administration v. Kim - 3/19/1999
The question that we are asked to resolve in this case is whether sovereign immunity bars an award of post-judgment interest, when the money judgment entered against a State agency, in accordance with the provisions of the Maryland...
Mesmer v. The Maryland Automobile Insurance Fund - 3/11/1999
[Involves An Action For An Excess Judgment Based Upon A Liability Insurer's Failure To Settle Within Policy Limits]
*Karwacki, J., now retired, participated in the hearing and conference of this case while an active member of...
Mesmer v. Maryland Automobile Insurance Fund - 3/11/1999
[Involves An Action For An Excess Judgment Based Upon A Liability Insurer's Failure To Settle Within Policy Limits]
*Karwacki, J., now retired, participated in the hearing and conference of this case while an active member of...
National Corp. for Housing Partnership Meadow Townhouse - 3/10/1999
National Corporation for Housing Partnership Meadowood Townhouse, Inc. et al. v. Shirley Jean Keller (deceased)
Workers' Compensation: Dependency, for purpose of claim under Labor and Employment article, 9-632, determined in...
National Corp. v. Keller - 3/10/1999
National Corporation for Housing Partnership Meadowood Townhouse, Inc. et al. v. Shirley Jean Keller (deceased)
Workers' Compensation: Dependency, for purpose of claim under Labor and Employment article, § 9-632, determined in...
West American Insurance Company v. Popa - 12/23/1998
No. 28, September Term, 1996
West American Insurance Company v. John Popa, et al.
[Involves Several Issues Arising Under The Uninsured Motorist Provisions Contained In A Policy Of Automobile Insurance Sold In Maryland] ...
Somuah v. Flachs - 12/18/1998
Rodowsky, and Wilner, JJ., dissent.
This appeal arises out of a suit filed by Jeremy Flachs (Respondent) in the Circuit Court for Prince George's County against Millicent Somuah (Petitioner) to recover compensation for the legal...
Berg v. Byrd - 12/4/1998
REPORTED
Appellees, Allen Byrd, Jr., by his mother, Carolyn Byrd, and Carolyn Byrd, individually, filed suit in the Circuit Court for Baltimore City against Max Berg, t/a National Realty Company, et al., appellants, claiming...
Rosenthal v. Mueller - 12/3/1998
REPORTED
This appeal turns on a simple principle. With respect to the legal phenomenon of "contributory negligence," the limiting adjective "contributory" is just as significant and just as necessary an element as is the noun...
Imperial v. Drapeau - 8/27/1998
[Defamation - Physician's letter to Governor and to Member of Congress vigorously complained of conduct of emergency medical technician and asked for investigation. Held: Letter absolutely privileged under same privilege applicable to...
Roland Imperial v. Drapeau - 8/27/1998
Roland Imperial v. Wayne A. Drapeau, No. 103, September Term, 1997.
[Defamation - Physician's letter to Governor and to Member of Congress vigorously complained of conduct of emergency medical technician and asked for...
Rib v. Comptroller - 7/30/1998
[Reverses A Decision By The Circuit Court For Anne Arundel County Dismissing As Premature A Petition For Judicial Review Of An Order Of The Maryland Tax Court]
September Term, 1996
JAMES KIM, RED RIB LTD. t/a Ace of Clubs...
Kim v. Comptroller of Treasury - 7/30/1998
Pet. No. 107, September Term, 1996 James Kim, Red Rib Ltd. t/a Act of Clubs v. Comptroller of the Treasury
[Reverses A Decision By The Circuit Court For Anne Arundel County Dismissing As Premature A Petition For Judicial Review...
Franklin v. Morrison - 6/11/1998
Michael Franklin v. Glenn A. Morrison et al., No. 84, September Term, 1997.
[Torts - Negligence - Indemnity - Motor vehicle operator sought indemnity as a matter of law from co-defendant who negligently serviced alleged...
Attorney Grievance Commission of v. Post - 6/9/1998
MISC. DOCKET AG
Raker, J. concurs
The Attorney Grievance Commission of Maryland (the "Commission"), by Bar Counsel, filed a Petition for Disciplinary Action against Alan Franklyn Post (the "Respondent"). On the complaint...
Bowden v. Caldor Inc. - 6/2/1998
No. 81, September Term, 1996
Samuel David Bowden v. Caldor, Inc., et al.
[Involves Several Important Issues Concerning Court Review Of Jurors' Punitive Damages Awards In Tort Actions]
Bell, C.J., dissents and concurs....
Hunt v. Mercy Medical Center - 5/29/1998
REPORTED
The issue presented in this case is whether emotional distress from being misdiagnosed with cancer is compensable within the physical injury rule. On the facts presented, we hasten to answer yes.
Charles Dell'uomo...
Massie v. State - 5/26/1998
In this certiorari review of a conviction for murder the issue is whether the trial court abused its discretion in permitting a forensics employee of the investigating police department, who was not a doctor of medicine, to opine as to...
Powell v. Erb - 5/22/1998
Pursuant to the Maryland Uniform Certification of Questions of Law Act, Maryland Code (1974,1989 Repl. Vol.), 12-601 to 12-609 of the Courts and Judicial Proceedings Article, the United States District Court for the District of...
Noble v. Bruce - 5/21/1998
Aileen L. Noble et al. V. Charles A. Bruce, Jr. - No. 7, 1997 Term & Thomas W. Fauntleroy, Jr. et al. v. Sara N. Blizzard, Personal Representative et al. - No. 55, 1997 Term
Attorney - Malpractice - Non-client testamentary...
Ferguson v. Cramer - 5/21/1998
Kimberly Ann Ferguson et al. v. Steven J. Cramer et al. - No. 82, 1997 Term
Attorney - Malpractice - Personal representative, but not beneficiary, under a will may bring malpractice action against attorney retained by the...
Goldman - 5/21/1998
REPORTED
Appellees/cross-appellants Cooper, Beckman & Tuerk, L.L.P. (CBT) and Levy, Phillips & Konigsberg, R.L.L.P. (LPK) filed a six-count complaint against appellant/cross-appellee Goldman, Skeen & Wadler, P.A....
Attorney Grievance Commission v. Alison - 5/19/1998
We are once again called upon to discipline Stuart L. Alison (Respondent) who was admitted to the Maryland bar in 1978. At the direction of the Review Board, the Attorney Grievance Commission of Maryland (Petitioner) through Bar...
Le Marc's Management Corp. v. Valentin - 5/19/1998
Opinion by Eldridge, J. Bell, C.J., dissents.
Eldridge, J.
This case concerns the appropriate standard, under Maryland common law, for the allowance of punitive damages in defamation actions.
In late 1987 Francisco...
Porter Hayden Co. v. Bullinger - 5/15/1998
Rodowsky, J., concurs and dissents.
We granted the petition for writ of certiorari presented by Owens Corning Fiberglass Corporation (Owens Corning) and Porter Hayden Company (Porter Hayden), petitioners, to address three issues...
Roberts v. Total Health Care Inc. - 5/14/1998
[An HMO, As A Contractor And Assignee Of The State Under The Medicaid Program, Which Has Paid Certain Medical Expenses Of Program Recipients, Has A Statutory Subrogation Claim Against A Tort Settlement Received By The Recipients Which...
Board of County Commissioners for Frederick County v. Vache - 5/14/1998
Frederick County Board of County Commissioners and Great American Insurance Company, appellants, appeal from an order entered in the Circuit Court for Frederick County. That order affirmed an award by the Maryland Workers' Compensation...
Kane v. Schulmeyer - 5/12/1998
Michael A. Kane, Trustee, et al. v. G. Stephen Schulmeyer, et al. No. 97, Sept. Term, 1997
Venue: In action against multiple defendants for breach of promise to pay money, in which there is no other single venue applicable to all...
Wrobleski v. De Lara - 4/30/1998
REPORTED
The main issue presented in this case is whether it was permissible for an attorney to ask an expert witness on cross-examination to reveal the amount of compensation he had earned in the past from participating as an...
Milton Co. v. Council of Unit Owners of Bentley Place Condominium - 4/29/1998
REPORTED
In the Circuit Court for Montgomery County, the Council of Unit Owners of Bentley Place Condominium, appellee, filed a complaint against the Milton Company and Tuckerman Lane Development Company, Inc., appellants....
Edwards v. Demedis - 12/22/1997
The principal issue before us is whether the discovery rule, which determines when a cause of action accrues, requires that a formal notice of deficiency be issued by the Internal Revenue Service in order for a claim based on alleged...
Philip Electronics North America v. Wright - 12/12/1997
We are called upon in this case to interpret the Workers' Compensation Act, Maryland Code (1991 Repl.Vol., 1997 Supp.), Title 9 of the Labor and Employment Article (hereinafter "Act"). We must determine whether, after an award to a...
Chapman v. Kamara - 12/2/1997
This appeal is but one episode in continuing litigation over a tragic automobile accident. The entire scope of the controversy is somewhat complex, but the issues before us in this appeal are relatively few and narrowly drawn....
Somuah v. Flachs - 11/26/1997
Opinion by Alpert, J.
Appellee, Jeremy Flachs, brought suit against appellant, Millicent Somuah, in the Circuit Court for Prince George's County to recover the reasonable value of legal services he had provided to her. Both...
ADM Partnership v. Martin - 11/19/1997
Opinion by Bell, C.J.
FILED: November 19, 1997
The issue this case presents is whether the "voluntariness" element of the assumption of risk defense is met when an employee encounters a known risk while performing a...
Claibourne v. Willis - 11/13/1997
Opinion by Bell, J.
This appeal arises from a most unusual set of circumstances. The appellant, Desirea Claibourne (Claibourne), and the appellee, Richard A. Willis (Willis), were involved in an automobile accident, which...
Lovell v. State - 11/12/1997
Opinion by Rodowsky, J.
This is an automatic review of a death sentence in a case removed from Somerset County to Talbot County. On an agreed statement of facts the defendant pled guilty to murder. A jury imposed the death...
Tuer v. McDonald - 11/7/1997
Opinion by Wilner, J.
This is a medical malpractice action filed by Mary Tuer, the surviving spouse and personal representative of her late husband, Eugene, arising from Eugene's death at St. Joseph's Hospital on November 3,...
Jones v. Flood - 11/5/1997
Opinion by Harrell, J.
Filed: November 5, 1997
On 29 December 1994, at approximately 10:40 p.m., Evelyn Manning was killed in an automobile accident on Route 202 in Prince George's County, Maryland. At the time of her...
McGann v. Wilson - 10/30/1997
Opinion by Getty, J.
This is an appeal by John L. McGann, appellant herein, a Virginia lawyer who claims he was not subject to a lawsuit in the Circuit Court for Prince George's County, Maryland, because the Maryland court lacked...
Rivera v. Edmonds - 9/12/1997
Opinion by Rodowsky, J.
Filed: September 12, 1997
This case involves the medical malpractice statute of repose, Maryland Code (1974, 1995 Repl. Vol.), § 5-109 of the Courts and Judicial Proceedings Article (CJ). We issued...
Pettit v. Erie Insurance Exchange - 9/5/1997
Opinion by Eyler, J.
Dissenting Opinion by Wenner, J.
Filed: September 5, 1997
This case involves the question of whether, for purposes of determining the applicability of an intentional injury exclusion in various...
Harris v. Nationwide Mutual Insurance Co. - 9/2/1997
Appellants, Sigridur Harris ("Mrs. Harris") and Robert Harris ("Mr. Harris"), brought suit in the Circuit Court for Prince George's County to collect money allegedly owed to them under the terms of an uninsured/underinsured motorist...
Litz v. State Farm Fire and Casualty Co. - 6/27/1997
Opinion by Raker, J.
The primary issue we must decide in this case is whether the "business pursuits" exclusion in a homeowner's liability insurance policy relieves the insurer from its duty to defend an innocent spouse who does...
Getson v. WM Bancorp - 6/12/1997
Opinion by Raker, J.
In this workers' compensation case, the claimant suffered a compensable injury to her right shoulder when she slipped and fell on the ice in her employer's parking lot on February 4, 1993. The primary...
Goicochea v. Langworthy - 6/6/1997
Opinion by Eldridge, J.
The issue before us is whether a civil claim that a licensed Maryland physician committed an assault and battery on a patient during a routine medical examination, under the circumstances presented by this...
Anderson v. Litzenberg - 5/28/1997
Opinion by Harrell, J.
Monteith Litzenberg, appellee, filed suit against John Anderson, David A. Bramble, Inc. (Bramble), and Cramaro Tarpaulin Systems, Inc. (Cramaro), appellants, for injuries sustained in a traffic accident. A...
Amberwood Associates Limited Partnership Inc. v. Matthews - 5/28/1997
Opinion by Sonner, J.
Shanita Matthews , appellee, while visiting her friend, Shelly Morton, in an apartment complex, witnessed her sixteen-month-old son, Tevin Williams, being killed by a vicious pitbull named Rampage. Rampage...
Jung v. Southland Corp. - 3/27/1997
Opinion by Eyler, J.
We are called upon to interpret the Workers' Compensation Act and to decide whether the Workers' Compensation Commission has the authority to modify an injured employee's "average weekly wage," based on an...
Scott v. Jenkins - 3/14/1997
Opinion by Karwacki, J.
This appeal concerns the pleading requirements for a claim of punitive damages. We are asked whether a complaint seeking monetary damages for a tort must make a specific claim for punitive damages and...
Montgomery County v. Wade - 3/14/1997
Opinion by Karwacki, J.
The principal issue presented in this case is whether an injury sustained by an off-duty police officer while operating a patrol vehicle for personal purposes as permitted by departmental regulations is...
Hundt v. Mayor and City Council of Baltimore - 3/13/1997
Opinion by Wilner, J.;
The Circuit Court for Baltimore City, on summary judgment, affirmed findings by the Workers' Compensation Commission that (1) on September 28, 1992, while working as a volunteer school aide for the...
Hastings v. William H. Knott Inc. - 3/4/1997
Opinion by Thieme, J.
This appeal is from a garnishment action in the Circuit Court for Baltimore County (Howe, J.) wherein summary judgment was entered in favor of appellee. We shall affirm.
FACTS
Appellant, Ronald...
Means v. Baltimore County - 3/4/1997
Opinion by Raker, J.
In this Workers' Compensation case, we must decide whether post-traumatic stress disorder (PTSD) unaccompanied by physical disease may be compensable as an occupational disease under the Maryland Workers'...
S. B. Thomas Inc. v. Thompson - 3/4/1997
OPINION BY MOYLAN, J.
The initial focus of this appeal is on whether the etiology of the herniated disc in this case was a complicated medical question. If the answer is "Yes," the focus then will turn to whether expert medical...
Elliott v. Scher - 3/3/1997
Opinion by Cathell, J.
Appellants, Letitia and Shedrick Elliott, appeal from the dismissal of their petition for judicial review of a decision by a Health Claims Arbitration Panel by the Circuit Court for Baltimore City (Byrnes,...
Brock Bridge Limited Partnership Inc. v. Development Facilitators Inc. - 2/26/1997
Opinion by Davis, J.
Brock Bridge Limited Partnership (BBLP) and Brock Bridge Builders, Inc. (BBBI) appeal from a judgment of the Circuit Court for Anne Arundel County in favor of Development Facilitators, Inc. (DFI) and Raymond...
Danny Son v. Margolius - 2/26/1997
Opinion by Harrell, J.
Danny Y. Son, also known as Yong C. Son, appeals from a judgment of the Circuit Court for Montgomery County that concurrently denied his motion for summary judgment and granted summary judgment to...
Doe v. Archdiocese of Washington - 2/26/1997
Opinion by Hollander, J.
This case concerns the timeliness of a suit instituted by appellant, John Doe, in the Circuit Court for Prince George's County. In 1995, seventeen years after reaching adulthood, Doe sued the Reverend...
Jakanna Woodworks Inc. v. Montgomery County - 2/13/1997
Opinion by Chasanow, J.
The issue in this case is whether Chapter 30-10 of the Montgomery County Code, which requires merchants to obtain a license before advertising a "closing-out sale," impermissibly infringes upon the...
Baltimore Gas and Electric Co. v. Commercial Union Insurance Co. - 2/4/1997
Opinion by Hollander, J.
In this case, we must decide whether an insurer's duty to defend its insured depends entirely upon the claims as originally asserted in the complaint, or whether the plaintiffs' revised allegations,...
Planning Research Corp. v. Elford - 2/4/1997
Opinion by Bloom, J.
Planning Research Corporation (PRC) and Birmingham Fire Insurance Co. (Birmingham) appeal from a judgment of the Circuit Court for Prince George's County in favor of appellees, Clarence Elford (Claimant), and...
Baltimore County v. Fleming - 12/30/1996
Opinion by Eyler, J.
The parties, proceeding on an Agreed Statement of Facts, inquire as to whether Baltimore County, appellant, is entitled to an offset against Workers' Compensation benefits based on length of service...
State of Maryland on Human Relations v. Suburban Hospital Inc. - 12/26/1996
Opinion by Davis, J.
The Maryland Commission on Human Relations (Commission) filed a complaint for injunctive relief pursuant to Maryland Code (1957, 1994 Repl. Vol), Article 49B, § 4. The Commission sought to prohibit appellee...
Post v. Bregman - 12/24/1996
Opinion by Davis, J.
Alan F. Post, Chartered, appeals from a grant of summary judgment by the Circuit Court for Montgomery County (Donohue, J.) in favor of Douglas M. Bregman, and Bregman, Berbert & Schwartz (appellees). The...
Adloo v. H.T. Brown Real Estate Inc. - 12/16/1996
NO. 143, September Term, 1995.
Opinion by: Bell
In this case, we are asked to resolve whether, as a matter of law, clauses in a real estate listing contract between the petitioners, Abdolrahman Adloo, and Monireh, his wife,...
Acands Inc. v. Asner - 12/6/1996
ON MOTION FOR RECONSIDERATION
Opinion by Rodowsky, J.
The plaintiffs have moved for reconsideration of Part I.B of this Court's opinion in which we held that the erroneous exclusion of TLV evidence by the trial court was...
Wright v. Philip Electronics North America - 12/6/1996
(MOTION TO RECONSIDER)
Opinion by Fischer, J.
Patricia Wright (Wright) appeals from an order by the Circuit Court for Dorchester County that affirmed the findings of the Maryland Workers' Compensation Commission (the...
Aetna Insurance Co. v. Aaron - 12/4/1996
Opinion by Hollander, J.
In this case, we are called upon to decide whether the liability portion of a homeowner's policy applies to the costs of preventative measures undertaken on the insured's property in order to prevent...
Champion Billiards Cafe Inc. v. Hall - 12/4/1996
Opinion by Eyler, J.
Although two distinct issues are raised on appeal, the primary issue presented by this case is whether an employer may be held liable in tort for economic losses, i.e., medical expenses, incurred by an...
Lerman v. Heemann - 11/29/1996
Opinion by Salmon, J.
In 1994, a wrongful-death claim was filed with the Director of the Health Claims Arbitration Office (HCAO) against, inter alia, appellant, Sheldon H. Lerman, M.D., and appellee, Kerry R. Heemann, M.D. No...
Lewis v. State Farm Mutual Automobile Insurance Co. - 11/27/1996
Opinion by Fischer, J.
Filed: November 27, 1996
Fraeda Lewis (Mrs. Lewis) appeals from an order of the Circuit Court for Baltimore City that affirmed an administrative law judge's (ALJ) finding that State Farm Mutual...
Polomski v. Mayor and City Council of Baltimore - 11/21/1996
Opinion by Karwacki, J.
In this case, we construe Maryland Code (1991 Repl. Vol., 1996 Cum. Supp.), § 9-503(d)(2) of the Labor and Employment Article, the so-called "offset provision" of § 9-503 of the Maryland Workers'...
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