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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Luby Chevrolet Inc. v. Gerst - 11/7/1996
Opinion by Eyler, J.
The question of first impression presented by this case is whether, under Maryland's Worker's Compensation Act, a new disease that develops subsequent to an occupational disease award may form the basis for...
Valentine v. on Target Inc. - 11/4/1996
Opinion by Wilner, C.J.
Vincent N. Valentine appeals from a judgment of the Circuit Court for Anne Arundel County dismissing his complaint against appellee, On Target, Inc. He raises the following issue for our consideration: ...
Duke Street Limited Partnership v. Board of County Commissioners of - 11/1/1996
Opinion by Eyler, J.
Appellant, Duke Street Limited Partnership, was formed for the purpose of developing a parcel of land in Prince Frederick, Maryland. It appears that things did not go as well as appellant had hoped. The...
Lemon v. Stewart - 9/26/1996
Opinion by Wilner, C.J. This medical malpractice action, which makes its second appearance in this Court, presents two interesting questions of first impression in Maryland: (1) when a patient is diagnosed as positive for HIV or AIDS,...
Downs v. Roman Catholic Archbishop of Baltimore - 9/25/1996
Opinion by Wilner, C.J.
Appellant, a former candidate for priesthood in the Roman Catholic Church, filed a two-count complaint in the Circuit Court for Baltimore County against Archbishop William H. Keeler, four priests (Francis...
Calhoun v. Eagan - 8/30/1996
This case requires us to examine the doctrine of parent-child immunity, which has been part of the law of Maryland since 1930. See Warren v. Warren, 336 Md. 618, 622-28, 650 A.2d 252 (1994); Schneider v. Schneider, 160 Md. 18, 21-23,...
Edmonds v. Cytology Services of Maryland Inc. - 8/29/1996
This appeal requires us to interpret Maryland Code (1974, 1995 Repl. Vol.), § 5-109(a) of the Courts and Judicial Proceedings Article ("C.J."), which sets forth the statute of limitations governing actions against health care...
Fultz v. Shaffer - 8/29/1996
In this case, we are asked to determine whether disability retirement benefits, received as a result of an injury occurring after the parties' divorce, were properly considered retirement benefits pursuant to a settlement agreement...
Owens-Corning Fiberglas Corp. v. Garrett - 8/28/1996
The plaintiffs/appellees brought suit in the Circuit Court for Baltimore City against numerous manufacturers and distributors of asbestos products, alleging negligence and strict liability for failure to warn of the dangers of the...
Hickey v. Kendall - 8/28/1996
On April 26, 1991, appellee Shirley Kendall ("Shirley") was involved in an accident with a vehicle driven by Carl Hickey ("Hickey"). Shirley, at the time of the accident, was driving a 1986 Pontiac with her husband, appellee Herbert...
Yonce v. Smithkline Beecham Clinical Laboratories Inc. - 6/28/1996
The premature births, and untimely deaths, of monozygotic (identical) twins born to appellants Deborah and Dennis Yonce gave rise to the litigation presently before us. Suit was brought by appellants as personal representatives of the...
Hub Labels Inc. v. Craig - 6/28/1996
OPINION BY MOYLAN, J.
Is an appearance of Halley's Comet "unusual"? Or is it "routine?" And, most significantly, who is to say? Is it one thing, perhaps, to a frightened herdsman gazing up into a strangely unfamiliar sky? Is it...
Woodfin Equities Corp. v. Harford Mutual Insurance Co. - 6/27/1996
This is an appeal from an August 28, 1995 order of the Circuit Court for Montgomery County granting an insurer's motion for judgment in a declaratory relief action filed by an injured third party. The principle questions presented on...
Hartford Accident and Indemnity Co. v. Sherwood Brands - 6/27/1996
Appellee, Sherwood Brands, Inc. ("Sherwood"), filed a breach of contract and declaratory judgment action against Hartford Accident and Indemnity Co. and Hartford Fire Insurance Co. (hereinafter referred to collectively as "Hartford")...
Bowen v. Smith - 6/4/1996
Opinion by Raker, J.
This is a workers' compensation case. The issue presented in this appeal is whether the employer improperly terminated claimant's temporary total disability benefits while he was incarcerated in a penal...
Luppino v. Vigilant Insurance Co. - 6/4/1996
Opinion by Wilner, C.J.
The ultimate issue in this appeal is one of insurance coverage; the particular issue is whether appellant Rocco Luppino's suit against Vigilant Insurance Company is barred by limitations. The Circuit Court...
Nationwide Mutual Insurance Co. v. Seitz - 6/3/1996
Opinion by Hollander, J.
Edward Seitz, appellee, was seriously injured when two vehicles collided, one of which was insured by Nationwide Mutual Insurance Company, appellant, and the other of which was insured by Allstate...
Debusk v. Johns Hopkins Hospital - 6/3/1996
Under the Maryland Workers' Compensation Act, an employee accidentally injured on the job must file a claim for workers' compensation benefits within two years of the date of "the accidental personal injury" or any claim arising out of...
Pepper v. Johns Hopkins Hospital - 5/31/1996
Travis Pepper ("Travis"), a minor, and his parents, Linda and Terry Pepper ("the Peppers"), individually and as next friends of Travis, filed a complaint in the Circuit Court for Baltimore City on March 24, 1993 alleging that appellee,...
Cole v. Sullivan - 5/15/1996
Opinion by Wenner J.
The genesis of this appeal is an acrimonious dispute over the disposition of a decedent's estate. Appellants, Henry Cole, Jr. and his wife, Joanne, appeal from the judgment of the Circuit Court for Baltimore...
Woodfin Equities Corp. v. Harford Mutual Insurance Co. - 5/8/1996
Opinion by Davis, J.
Filed: May 8, 1996
This is an appeal from an August 28, 1995 order of the Circuit Court for Montgomery County granting an insurer's motion for judgment in a declaratory relief action filed by an injured...
Uninsured Employers'' Fund v. Lutter - 5/8/1996
Opinion by Chasanow, J. Rodowsky, Karwacki, and Raker, JJ., dissent
This case presents the question of whether officers of Maryland close corporations, who decide not to purchase workers' compensation insurance for themselves but...
Commercial Union Insurance Co. v. Harleysville Mutual Insurance Co. - 5/7/1996
This appeal requires us to determine the effect of a workers' compensation insurance policy carried by a Virginia employer, purportedly limiting the scope of its coverage to the workers' compensation law of Virginia, given a situation...
Barnes v. Children''s Hospital - 5/1/1996
Opinion by Hollander, J.
Filed: May 1, 1996
In this workers' compensation appeal, we shall examine the "special mission" or "special errand" rule. Joan A. Barnes, appellant, was employed by appellee Children's Hospital...
Barber v. Eastern Karting Co. - 3/28/1996
Opinion by Davis, J.
Filed: March 28, 1996
Shawna Barber appeals from two orders of the Circuit Court for Anne Arundel County granting summary judgment in favor of appellees Woodbridge Karters, Inc. (Woodbridge), Margay...
Lombardi v. Montgomery County - 3/28/1996
Opinion by Cathell, J.
Anthony Lombardi, appellant, was employed as a firefighter and paramedic by Montgomery County Department of Fire and Rescue Services, appellee. In 1988, he was diagnosed with hypertension. Roughly three and...
Gunpowder Horse Stables Inc. v. State Farm Automobile Insurance Co. - 3/27/1996
Opinion by EYLER, J.
Filed: March 27, 1996
A traffic collision between Gillian Pleines, appellee, a motorist, and two horses belonging to Gunpowder Horse Stables, Inc., appellant, provided the fodder for this expedited...
Conaway v. State - 3/1/1996
This is an appeal by Gregory Conaway from a judgment entered in favor of the State of Maryland, following a non-jury trial before Judge John Carroll Byrnes in the Circuit Court for Baltimore City. The issue before us is whether the...
Vito v. Sargis & Jones - 2/29/1996
In this appeal we are called upon to analyze the doctrine of res ipsa loquitur. Three questions are presented:
1. Did plaintiff/appellant [Mary Vito] waive reliance on the doctrine of res ipsa loquitur by attempting to establish...
Schuman - 12/28/1995
We are required, in this case, to determine whether Maryland Code (1974, 1995 Repl. Vol.) § 7-402(d) of the Courts and Judicial Proceedings Article, relating to the refund of certain sheriff's fees, requires that the fee collected for...
Sweeney v. Montgomery County - 11/29/1995
On February 13, 1990, appellant, William A. Sweeney, made application to Montgomery County for "service related disability" retirement benefits provided for County employees by § 33-43 of the Montgomery County Code (1984, as amended)....
Haupt v. State - 11/14/1995
OPINION BY Bell, J.
FILED: November 14, 1995
Once again we are required to construe the restrictions on actions provision, § 12-106 of the Maryland Tort Claims Act ("MTCA"), Maryland Code (1984, 1993 Repl. Vol.), § 12-101...
Morris v. Osmose Wood Preserving - 11/14/1995
Filed: November 14, 1995
Plaintiffs' products liability tort claims in this case seek recovery for purely economic loss associated with the alleged deterioration of plywood in the roofs of their townhouses. The principal issue is...
Sears - 11/9/1995
Opinion by Rodowsky, J.
Filed: November 9, 1995
In this workers' compensation case the claim is for permanent total disability allegedly resulting from a low back injury suffered by a claimant who died while receiving...
Attorney Grievance Commission v. James - 11/9/1995
Opinion by Rodowsky, J.
Filed: November 9, 1995
This opinion addresses a suspended attorney's non-compliance with the order of suspension. In Attorney Grievance Comm'n v. James, 333 Md. 174, 634 A.2d 48 (1993) (James II),...
Sullins v. Allstate Insurance Co. - 11/6/1995
OPINION BY MURPHY, C.J.
This case comes to us from the United States District Court for the District of Maryland pursuant to the Maryland Uniform Certification of Questions of Law Act, Maryland Code (1974, 1995 Repl. Vol.) §§...
Martin v. Adm Partnership - 11/1/1995
In Schroyer v. McNeal, 323 Md. 275, 592 A.2d 1119 (1991), the ice and snow of the winter season combined to contribute to Ms. McNeal slipping and injuring herself while attempting to traverse a snow covered path into her hotel. Ms....
Shenasky v. Gunter - 9/12/1995
Opinion by Eldridge, J.
In this medical malpractice case, the defendants filed a motion for summary judgment against the plaintiff Sandra E. Gunter with respect to her wrongful death claim as the wife of the decedent. The Circuit...
In re Mc. - 9/6/1995
This is an appeal from a judgment of the Circuit Court for Baltimore County, sitting as a juvenile court. Appellant, Don Mc., was charged with stealing an automobile. For insurance purposes, the car was totally destroyed in an...
Langworthy v. Goicochea - 9/5/1995
On December 22, 1993, appellant, John A. Langworthy, filed a claim with the Health Claims Arbitration Office of Maryland ("HCAO") against appellee, Juvenal R. Goicochea, M.D. On April 11, 1994, Langworthy filed a complaint for assault...
Simmons v. Urquhart - 8/30/1995
In our prior opinion in this matter, Simmons v. Urquhart, 101 Md. App. 85, 643 A.2d 487 (1994), we reversed the judgment of the Circuit Court for Montgomery County based on our disposition of appellant's first issue regarding...
Hutton v. State - 8/28/1995
[EDITOR'S NOTE: THE ORIGINAL SLIP OPINION CONTAINED ILLEGIBLE WORDS AND/OR MISSING TEXT.
We granted certiorari in this case to consider whether expert testimony that the alleged victim of child sexual abuse was suffering from...
Kandel v. White - 8/24/1995
Opinion by Chasanow, J.
Filed: August 24, 1995
We are called upon in this case to determine whether a cause of action may be maintained for survival and wrongful death resulting from the negligent infliction of prenatal...
Morris v. Board of Education of Prince George''s County - 8/22/1995
OPINION BY MURPHY, C.J.
Filed: August 22, 1995
The sole question presented is whether the circuit court properly determined that Joyce A. Morris did not sustain an accidental personal injury arising out of and in the course...
Medical Mutual Liability Society of Maryland v. Evander - 6/28/1995
Per Curiam
Eldridge and Raker, JJ., join and concur. Chasanow and Bell, JJ. dissent.
This case concerns challenges to awards of compensatory and punitive damages in a suit alleging wrongful interference with business...
Maryland Automobile Insurance Fund v. Erie Insurance Exchange - 6/28/1995
Opinion by Salmon, J.
The issue presented in this case is one of first impression. It requires us to interpret and implement Md. Code (1957, 1994 Repl. Vol.), Art. 48A, § 543. Article 48A, § 543, deals, inter alia , with...
Urquhart v. Simmons - 6/26/1995
Opinion by Chasanow, J.
Bell and Raker, JJ., dissent.
Filed: June 26, 1995We are called upon in this case to determine the scope of a trial court's authority to transfer a case based on the doctrine of forum non conveniens...
Oaks v. Connors - 6/26/1995
Opinion BY MURPHY, C.J.
Filed: June 26, 1995
This case involves an employer's liability to third parties for the negligent driving of its employee while en route to the employee's usual place of work in the employee's...
Greentree v. Fertitta - 6/23/1995
Opinion by Eldridge, J.
Rodowsky and Karwacki, JJ., dissent.
On June 29, 1989, Susan Greentree was involved in an automobile accident with Neal Fertitta. According to the complaint which Ms. Greentree later filed, Mr....
Osztreicher v. Juanteguy - 6/19/1995
Opinion BY Bell, J.
FILED: June 19, 1995
We granted certiorari in this case to consider whether a medical expert witness may be required to produce his or her tax and financial records for use by the opposing party for...
Allen v. Allen - 6/8/1995
Opinion by Harrell, J.
In the aftermath of a divorce suit between the parties that had been concluded in 1993, appellee filed a Notice of Deposition for Perpetuation of Evidence, under Rule 2-404, in the Circuit Court for...
Chambco v. Urban Masonry Corp. - 6/7/1995
Per Curiam
The dispute which gave rise to this case involves the following factual allegations. Chambco was the roofing subcontractor on a construction project at 701 and 801 Pennsylvania Avenue, in the District of Columbia....
Mazda Motor of America Inc. v. Rogowski - 6/7/1995
Francis Rogowski was seriously injured when he fell asleep at the wheel of his 1987 Mazda pickup truck and collided head-on with a large tree while traveling at a speed of 30 to 40 miles per hour. He sued Mazda Motor of America,...
Shapiro v. Massengill - 6/1/1995
Opinion by Hollander, J.
"An eminent lawyer cannot be a dishonest man," Daniel Webster once said. This thought underlies the employment dispute between two attorneys--one who fired an associate out of distrust for his integrity...
Debusk v. Johns Hopkins Hospital - 6/1/1995
Opinion by Fischer, J.
Karen E. DeBusk, appellant, filed a claim with the Maryland Workers' Compensation Commission (the "Commission") under the Maryland Workers' Compensation Act (the "Act").
Appellee, Johns Hopkins...
Curry v. Hillcrest Clinic Inc. - 2/10/1995
Opinion by Rodowsky, J.
Before us are cross-petitions in an action initiated under the Health Care Malpractice Claims Act (the Act), Maryland Code (1974, 1989 Repl. Vol., 1994 Cum. Supp.), §§ 3-2A-01 through 3-2A-09 of the ...
Wyatt v. Johnson - 2/7/1995
Opinion by Davis, J.
This is an appeal from a judgment of the Circuit Court for Baltimore City. Appellant, Edeltraut Wyatt, brought suit against Duane Johnson for personal injury and lost wages arising from an automobile...
Ellerin v. Fairfax Savings - 2/3/1995
Opinion by Eldridge, J.
Bell, J., concurs and dissents.
This case concerns the appropriate standard for the availability of punitive damages in a tort action of fraud or deceit.
I.
The litigation arose from...
Linzey v. Carrion - 2/1/1995
Opinion by Bloom, J.
Robert P. Linzey appeals from a judgment of the Circuit Court for Baltimore City, entered on a jury verdict in favor of appellees, Timothy J. Carrion, D.D.S., and the professional association by whom he was...
Goodwich v. Sinai Hospital of Baltimore Inc. - 1/31/1995
Opinion by Wilner, C.J.
Kenneth Goodwich sued Sinai Hospital in the Circuit Court for Baltimore City because the hospital placed certain restrictions on his privilege to practice medicine at the hospital. The court granted...
Bartholomee v. Casey - 12/28/1994
Opinion by Hollander, J.
In this lead paint case, appellants, Wayne Bartholomee and the personal representative of the estate of Vivian Grossman, appeal from a judgment entered in the Circuit Court for Baltimore City in favor of...
Hastings v. Mechalske - 12/9/1994
Opinion BY Bell, J.
We granted certiorari to consider when a supervisory complete may avoid liability to an injured employee under the Workers' Compensation Act ("the Act"), Maryland Code (1957, 1985 Repl. Vol.) Article 101, ...
Clinical Perfusionists Inc. v. St. Paul Fire and Marine Insurance Co. - 12/9/1994
Opinion by Rodowsky, J
This is an insurance case. It presents trigger of coverage issues under a form of claims made, medical profession, liability policy that is the subject of a declaratory judgment action in the United States...
Alexander & Alexander v. Evander - 12/8/1994
Opinion by Eldridge, J.
This case involves a challenge to awards of punitive damages against Alexander & Alexander, an insurance broker, and against Mary Scheeler, one of its vice presidents. A jury awarded the punitive...
Warren v. Warren - 12/8/1994
Opinion by Karwacki, J.
Raker, J., concurs.
In this case we are called upon to reexamine the status of the doctrine of parent-child tort immunity in Maryland in light of the large number of states recently abrogating it...
Goodwich v. Nolan - 12/5/1994
Opinion by Alpert, J.Appellants, Kenneth M. Goodwich, M.D., and Kenneth M. Goodwich, M.D., P.A., appeal the decision of the Circuit Court for Baltimore City dismissing their Verified Complaint Seeking Writ of Mandamus. In the...
Rivera v. Prince George''s County Health Department - 12/2/1994
Opinion by Cathell, J.
Appellant, Keisha T. Guadalupe Rivera, a minor, bringing suit by her mother and next friend, Maria Rivera, appeals the judgment of the Circuit Court of Prince George's County (Femia, J.), that granted...
Anne Arundel Medical Center v. Condon - 12/1/1994
Opinion BY MOYLAN, J.
This appeal and cross-appeal arise out of a medical malpractice action in which the appellee/cross-appellant, Nancy Condon (appellee), was misdiagnosed as not having breast cancer after a routine mammogram...
Ralph v. Roebuck - 12/1/1994
Opinion by Alpert, J.
This appeal arises from a Workers' Compensation claim for permanent partial disability benefits resulting from injuries sustained by Calvin T. Ralph (claimant), the deceased spouse of appellant, Anne M....
Chambco v. Urban Masonry Corp. - 9/29/1994
Opinion by Cathell, J.
Appellant, Chambco, a Division of Chamberlin Waterproofing & Roofing System, Inc. (Chambco), filed suit in the Circuit Court for Montgomery County against appellee, Urban Masonry Corporation (Urban), in...
Rentals Unlimited Inc. v. Aetna Casuality & Surety Insurance Co. - 9/29/1994
Opinion by Alpert, J.
Once again, we are asked to resolve a conflict concerning primary (automobile) insurance coverage. Appellant, Rentals Unlimited, Inc. ("Rentals") filed this appeal from a judgment rendered against it in...
Montgomery Ward Stores v. Wilson - 9/28/1994
Opinion by Alpert, J.
Having been found liable for malicious prosecution and false imprisonment, appellants, Montgomery Ward Stores and Jeffrey Bresnahan, appeal from a judgment entered by the Circuit Court for Prince George's...
Davis v. Dynacorp - 9/15/1994
Opinion by Chasanow, J.
In this appeal, we are called upon to determine whether appellant's "mental disease," allegedly resulting from on-the-job harassment, "is due to the nature of an employment in which hazards of the...
United States Gypsum Co. v. Mayor and City Council of Baltimore - 9/12/1994
Opinion by Eldridge, J.
This appeal arises out of a products liability action brought in 1984 by the Mayor and City Council of Baltimore ("the City") in the Circuit Court for Baltimore City, against manufacturers, distributors...
Williams v. Maryland - 9/1/1994
Opinion by Alpert, J.
One fundamental exception to the duress defense lies at the center of this appeal. Marvin Larvae Williams, appellant, was charged with attempted robbery with a deadly weapon, daytime housebreaking, and...
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