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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Strauss v. Strauss - 8/31/1994
Opinion by Harrell, J.
On 26 February 1993, the Circuit Court for Allegany County granted Jo Strauss, appellee and cross-appellant, an absolute divorce from Howard Strauss, appellant and cross-appellee. The divorce judgment...
Simmons v. Urquhart - 6/30/1994
Opinion by Harrell, J.
Angela C. Simmons, and her children, Sharon, David, and Mark Simmons, appellants, sued Joann Urquhart, M.D., William Tullner, M.D., and Maryland Cardiology Associates, P.A. (MCA), appellees, for wrongful...
Cupidon v. Alexis - 6/27/1994
Opinion by Eldridge, J.
McAuliffe, J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Constitution, Article IV, Section 3A, he also...
Hartford Insurance Co. v. Manor Inn of Bethesda Inc. - 6/9/1994
Opinion BY Bell, J.
The issue this case presents involves causation, proximate and superseding. This case arose when an escaped patient from a State-operated hospital for the mentally ill stole a van that had been left...
Artis v. Cyphers - 6/8/1994
Opinion by Wilner, C.J.
This case arises from the alleged negligence of two ambulance crews in their emergency treatment of James R. Cyphers. On June 22, 1989, Mr. Cyphers was driving along Northern Parkway in Baltimore City...
Rosenblatt v. EXXON Co. - 6/6/1994
Opinion BY MURPHY, C.J.
This case involves the question whether, under Maryland law, a subsequent occupier of commercial property has a cause of action in strict liability, negligence, trespass, or nuisance,
for...
Connors v. Oaks - 6/6/1994
Opinion by Wenner. J.
Appellant, Anna Connors, was injured on 5 July 1989 when the van in which she was riding was struck by a car driven by appellee, Willie James Oaks (Oaks). Oaks lost control of his car due to a combination...
Williams v. Maryland - 6/3/1994
OPINION BY MOYLAN, J.
The appellant, Thomas Lawrence Williams, Jr., was convicted in the Circuit Court for Charles County in a nonjury trial of both 1) assault with intent to maim, disfigure, or disable in contravention of Md....
Dover Elevator Co. v. Swann - 3/25/1994
Opinion by Chasanow, J.
We are called upon once again to analyze the multifarious doctrine of res ipsa loquitur. As Chief Judge Orth once exclaimed for the Court of Special Appeals, "ever since 1863 when a barrel of flour rolled...
Abramson v. Reiss - 3/23/1994
Opinion by Orth, J.
A broken nose suffered in a basketball game has ballooned into a request that Maryland's century-old charitable immunity doctrine be judicially abrogated.
I
On 2 January 1992 Douglas Paul Abramson...
Curran v. Price - 3/14/1994
Opinion BY MURPHY, C.J.
This case focuses upon Maryland's so-called "Son of Sam" statute, Maryland Code (1957, 1992 Repl. Vol. and 1993 Cum. Supp.) Art. 27, § 764, which was enacted to prevent criminals from profiting...
Curry v. Hillcrest Clinic Inc. - 3/14/1994
Opinion by Bishop, J.
Appellant/Cross-Appellee, Lydia T. Curry ("Curry"), and Darlene Alston, Curry's mother and next friend, filed an amended claim in the Health Claims Arbitration Office ("HCAO") against Dr. Sheo P. Sharma...
Morris v. Osmose Wood Preserving - 2/25/1994
Opinion by Getty, J.
The subject matter of this litigation relates to allegedly defective plywood roofing materials installed in residential structures throughout Maryland since 1980. The initial complaint, filed January 9, 1991,...
Presbyterian University Hospital v. Wilson - 2/24/1994
Opinion by Alpert, J.,
In this case of first impression, we are asked to decide whether a Maryland court has jurisdiction over a Pennsylvania hospital that provided services to a Maryland resident in Pennsylvania.
Hugh...
Cochran v. Aetna Casualty & Surety Co. - 2/24/1994
Opinion by Alpert, J.
This is an appeal from an order of the Circuit Court for Allegany County, Maryland, granting summary judgment in favor of Aetna Casualty & Surety Co. ("appellee" or "Aetna") and thus denying Aetna's...
B. Frank Joy Co. v. Isaac - 2/10/1994
I
A
We have ofttimes been called upon in resolving an appeal to divine the Legislature's intendment in its enactment of a particular statute. At times the legislative intent seems to be phantasmagoric. See Michael S....
Bahn v. Chicago Motor Club Insurance Co. - 12/10/1993
Opinion by Motz, J.
This appeal involves the question of whether a Maryland court has personal jurisdiction over a foreign automobile insurer sued by its own insured. The Circuit Court for Montgomery County held that it did not...
Maxwell v. Washington Metropolitan Area Transit Authority - 12/7/1993
Opinion by Cathell, J.
Sharon Bovy Maxwell and James Maxwell, appellants, appeal from the trial court's granting of a "directed verdict" in their negligence suit, finding that Washington Metropolitan Area Transit Authority...
Popham v. State Farm Mutual Insurance Co. - 12/7/1993
This appeal and cross-appeal from the judgment of the Circuit Court for Montgomery County, which dismissed all but one of the claims before it, require this Court to determine whether the insurer under an "excess" or "umbrella"...
Kovacs v. Kovacs - 12/1/1993
Opinion by Bloom, J.
Randy S. Kovacs appeals from a judgment of the Circuit Court for Baltimore City granting an absolute divorce to appellee, Malcolm L. Kovacs, and from post judgment orders of the court relating to custody...
Roth v. Dimensions Health Corp. - 11/15/1993
Opinion by Chasanow, J.
This certified question arises from a medical malpractice claim filed by the Plaintiff, Aaron Roth, in the Health Claims Arbitration Office. At the time of the claim, Maryland Code (1974, 1984 Repl. Vol.,...
Dudley v. Baltimore Gas & Electric Co. - 11/3/1993
Opinion by Motz, J.
This case involves the liability, vel non, of a gas company to one of its customers for damages resulting from an unexplained fire in the customer's home.
Appellant, Susie J. Dudley, appeals from the...
Williams v. Mayor and City Council of Baltimore - 11/3/1993
Opinion by Wilner, C.J.
Appellants, Annie Williams, DeForest Williams, and Eugene Whiting, were injured when their car collided with a truck owned by Baltimore City. By its responses to requests for admissions, the City admitted...
Dr. K. v. State Board of Physician Quality Assurance - 11/2/1993
Opinion by Cathell, J.
This is an appeal from an order of the Circuit Court for Montgomery County denying a Motion to Quash Subpoena or in the Alternative for a Protective Order, and a denial of a Motion for Reconsideration. The...
Dann v. State Farm Mutual Automobile Insurance Co. - 11/1/1993
Opinion by Alpert, J.
Appellants (plaintiffs below) contend that both their automobile insurance company and its agent breached a duty by failing to advise them that they could have obtained higher uninsured/underinsured...
Courtney v. Lawson - 9/28/1993
Opinion by Wilner, C.J.
The testamentary law of Maryland sets forth an order of preference that the court must follow in appointing an administrator for an intestate estate. A decedent's child is preferred over the decedent's...
Reed v. Campagnolo - 9/17/1993
Opinion by Rodowsky, J.
This case of alleged medical malpractice 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 (the Act),...
Richwind Joint Venture 4 v. Brunson - 9/7/1993
Opinion by Bishop, J.
Barbara Richardson ("Richardson") filed a complaint in the Circuit Court for Baltimore City individually and on behalf of her minor children, Jamika and Jamall Holman ("Jamika" and "Jamall"), against Rita...
Acuna v. Maryland - 8/30/1993
Opinion by Rodowsky, J., Eldridge and Bell, JJ., dissent
We granted certiorari in this child sex-abuse case to consider two issues, one involving expert testimony that the victim suffered post traumatic stress disorder (PTSD),...
Komornik v. Sparks - 8/26/1993
Opinion by Rodowsky, J.
The issue here is whether punitive damages are available in this motor vehicle negligence action in which the defendant was intoxicated at the time of the accident. Applying Owens-Illinois v. Zenobia, 325...
Berrain v. Katzen - 8/25/1993
Opinion by Karwacki, J.
In this appeal we are asked to determine whether the trial court abused its discretion in dismissing with prejudice personal injury actions of minors brought on their behalf by their mother as next friend...
Montgomery County v. Ward - 8/23/1993
Opinion by Eldridge, J., McAuliffe, J., dissents.
The Workers' Compensation Commission in this case, after a hearing, denied a claim for compensation and thereafter denied the claimant's motion for a rehearing. Twenty-one days...
Magan v. Medical Mutual Liability Insurance Society of Maryland - 8/23/1993
Opinion by McAuliffe, J.
Section 55A of the Insurance Code of this State authorizes the Insurance Commissioner to impose certain sanctions upon an insurer whose certificate of authority is subject to revocation or suspension...
T.H.E. Insurance Co. v. P.T.P. Inc. - 7/29/1993
Opinion by Rodowsky, J., Eldridge and Bell, JJ., dissent.
This case involves the effect of the notice-prejudice provisions of Md. Code (1957, 1991 Repl. Vol.), Art. 48A, § 482, on an insurer's denial of coverage under a...
Commercial Union Insurance Co. v. Porter Hayden Co. - 6/30/1993
Opinion by Harrell, J.
On 21 September 1990, Porter Hayden company (Porter Hayden), appellee/cross-appellant, filed a complaint in the Circuit Court for Baltimore City, seeking a declaration of the duty of Commercial Union...
Waddell v. Kirkpatrick - 6/21/1993
Opinion BY Bell, J.
We granted certiorari to answer the question whether Maryland Code (1989 Repl. Vol.) section 5-201 of the Courts &
Judicial Proceedings Article applies to save an action brought, pursuant to the...
Keene Corp. v. Verdin - 6/21/1993
Appellee/Cross-Appellant, Katherine I. Verdin ("Verdin"), Personal Representative of the Estate, and surviving spouse, of Robert M. Verdin ("Mr. Verdin"), filed a complaint in the Circuit Court for Prince George's County against...
Gross v. Sessinghause & Ostergaard Inc. - 6/16/1993
Opinion by Eldridge, J.
The issue in this case involves the time period which the Workers' Compensation Commission may use in determining the "average weekly wage" of an injured worker.
I.
The Workers' Compensation...
Adams v. Coates - 6/11/1993
Opinion by Rodowsky, J.
Following decision by the Court of Special Appeals in an unreported opinion, we issued the writ of certiorari in this case to consider the two following questions:
"May a circuit court grant punitive...
Beatty v. Trailmaster Products Inc. - 6/10/1993
Opinion BY MURPHY, C.J.
This case presents a challenge to the entry of a summary judgment in a tort action in favor of three corporate defendants who designed, manufactured, or sold an automobile "Lift Kit" device which had...
Nixon v. State - 6/4/1993
Opinion by Cathell, J.
Appellant, Lois T. Nixon, appeals from an order of the Circuit Court for Howard County in favor of the State of Maryland, appellee. Appellant presents four questions which we rephrase as follows:
I....
Smith v. Pearre - 6/2/1993
Opinion by Bloom, J. Dissent by Fischer, J.
Margaret C. Smith, individually as surviving spouse of Clater W. Smith Jr., deceased, and as personal representative of her late husband's estate, appeals from the judgment of the...
Belcher v. T. Rowe Price Foundation Inc. - 3/25/1993
I
On this appeal we visit once again the Workers' Compensation Act, now codified as Title 9 in the Labor and Employment article of the Maryland Code (1991). We are called upon to determine the expanse of the phrase...
United States v. Streidel - 3/11/1993
Opinion by Eldridge, J. Chasanow, J. concurs.
The United States Court of Appeals for the Fourth Circuit, pursuant to the Uniform Certification of Questions of Law Act, Maryland Code (1974, 1989 Repl. Vol.), §§ 12-601 through...
Faya v. Almaraz - 3/9/1993
Opinion BY MURPHY, C.J.
These companion cases present the important question whether a surgeon infected with the AIDS virus has a legal duty to inform patients of that condition before operating upon them and, failing that,...
Owens-Corning Fiberglas Corp. v. Fibreboard Corp. - 3/1/1993
Opinion by Bell, J.
This appeal arises from the consolidated asbestos personal injury litigation pending in the Circuit Court for Baltimore City. The consolidation involves about 8,550 asbestos cases that were either filed in...
Griffith v. Southland Corp. - 12/30/1992
This case is about a police officer who, when placed in a position of peril during the performance of his duties protecting patrons on a business premises, asked an employee of that business to summon aid. The appellee urges that...
Waters v. United States Fidelity & Guaranty Co. - 12/18/1992
This case involves the requirements of the uninsured motorist provisions of the Maryland Insurance Code. It arises out of an automobile accident which occurred in Gaithersburg, Maryland. The plaintiff, John Waters, was a passenger...
Deleon v. Slear - 12/10/1992
In this case we shall hold that the doctrine of res judicata generally applies to bar a plaintiff from suing employees for defamation occurring within the scope of employment, when that plaintiff has already unsuccessfully sued...
Faw - 11/30/1992
Appellee/Cross-Appellant, K. Thomas Everngam ("Everngam") filed declarations (now referred to as complaints) in the Circuit Court for Talbot County against Appellants/Cross-Appellees,
Faw, Casson & Co. and its past and...
Allstate Insurance Co. v. Hart - 8/25/1992
The Court of Special Appeals in this case held that a household exclusion provision in a Florida automobile insurance policy, issued on a Florida registered automobile and valid under Florida law, should not be enforced by Maryland...
Lopez v. Maryland State Highway Administration - 8/21/1992
On June 3, 1988, German H. Rodriguez and Helen Lopez were riding in a car on Sligo Creek Parkway in Montgomery County. An unidentified person stood on a bridge that crossed over the parkway and hurled a 30-pound boulder onto the...
Harford County v. Harford Mutual Insurance Co. - 8/19/1992
We granted certiorari to address a single question presented by the petitioner, Harford County, Maryland: Whether, in the context of alleged environmental property damage, standard form comprehensive general liability insurance...
Batson v. Shiflett - 3/12/1992
In Batson v. Shiflett, 86 Md. App. 340, 586 A.2d 792 (1991), the Court of Special Appeals affirmed a judgment entered on a jury verdict in the Circuit Court for Baltimore County awarding compensatory and punitive damages against...
Owens-Illinois Inc. v. Zenobia - 3/11/1992
ON MOTION FOR RECONSIDERATION
The defendant Anchor Packing Company has filed a Motion for Reconsideration, requesting that certain "attached documents be made part of the total record" in this case and that the Court...
Rubin v. Maryland - 3/6/1992
The principal issues in this murder case involve the evidentiary privilege for confidential communications between attorney and client. Those issues include determining how the privilege operates with respect to tangible evidence...
Director of Finance of Baltimore City v. Harris - 2/28/1992
The Director of Finance of Baltimore City appeals from an order of the Circuit Court for Baltimore City striking an enrolled judgment entered in a forfeiture action. We shall vacate that order.
The seeds of this controversy were...
Khawaja v. Mayor and City Council - 11/27/1991
STATEMENT OF FACTS
The Khawajas were seriously injured while they were driving home late in the evening on July 9, 1988, when their automobile collided with a police cruiser operated by Sergeant Alice Anselmo of the Rockville...
Doe v. Shady Grove Adventist Hospital - 11/27/1991
The issue as presented to us by the parties in this expedited appeal is whether the Circuit Court for Montgomery County abused its discretion in lifting a seal of the records of this case. The issue we decide, however, is whether...
St. James Construction Co. v. Morlock - 11/5/1991
Appellants and cross-appellees, St. James Construction Company (St. James) and Edward J. Dyas, Jr. (Dyas), appeal from a judgment entered against them after a jury trial in the Circuit Court for Anne Arundel County (Lerner, J....
Federated Department Stores v. Le - 9/13/1991
This case involves an employee's statutory right to bring a common law action against his employer under § 44 of the Maryland Workmen's Compensation Act, Code (1957, 1985 Repl.Vol., 1990 Cum.Supp.), Article 101, § 44.
In the...
Lloyd E. Mitchell Inc. v. Maryland Casualty Co. - 9/12/1991
This case focuses upon the event or events which trigger insurance coverage under a standard form comprehensive general liability insurance policy in the context of asbestos-related personal injuries.
I.
For a number of...
Newell v. Richards - 9/10/1991
Estella Newell (Newell) filed a claim for medical malpractice with the Health Claims Arbitration Office on July 25, 1984 against health care providers George J. Richards, Jr., M.D.; Richards, Hirschfeld and Associates P.A. (the...
Workers' Compensation Commission v. May - 9/9/1991
This appeal stems from a decision by appellant, the Maryland Workers' Compensation Commission (Commission), to award appellee, Eric M. May, the attorney for a claimant, an attorney's fee of $500. Having requested a fee of $2,100,...
Nissen Corp. v. Miller - 8/27/1991
On January 31, 1981, Frederick B. Brandt (Brandt) purchased from Atlantic Fitness Products (Atlantic) a treadmill that was designed, manufactured, and marketed by American Tredex Corporation (American Tredex). Later the same year,...
Boyer v. Maryland - 8/26/1991
This case involves the possible liability of law enforcement officers, the State of Maryland, and Charles County for injuries sustained by motorists struck by a suspected drunk driver who was being pursued by the officers in a...
Duckworth v. Maryland - 8/23/1991
Petitioner, Russell Lynn Duckworth (Duckworth), while handling a pistol, shot and seriously wounded a child who was in his custody. A jury in the Circuit Court for Allegany County found Duckworth guilty of child abuse and battery....
Attorney Grievance Commission of v. Berger - 8/20/1991
Stephen L. Berger (Berger), a member of the bar of this Court, conducts a plaintiffs' personal injury practice. In June 1984 Mrs. Nancy A. Bart retained Berger, and ultimately complained against him to Bar Counsel. The complaint...
Attorney Grievance Commission of v. Bakas - 8/19/1991
The Attorney Grievance Commission filed a petition for disciplinary action against Gus Bakas alleging violations of the Code of Professional Responsibility. Judge Leonard
Jacobson of the Circuit Court for Baltimore County,...
Weidig v. Crites - 8/19/1991
The following question has been certified to this Court by the United States District Court for the District of Maryland pursuant to the Uniform Certification of Questions of Law Act, Maryland Code (1974, 1989 Repl.Vol.), Courts...
Dileo v. Nugent - 7/29/1991
This appeal stems from a medical malpractice action brought by appellee, Catherine D. Nugent. Appellee claimed to have suffered post traumatic stress disorder as a result of improper drug treatment and sexual contact with her...
Howard Street Jewelers Inc. v. Wegad - 5/14/1991
Howard Street Jewelers, Inc., appellant, sued its accountant, Gilbert Wegad, appellee, a CPA, in the Circuit Court for Baltimore County for professional malpractice, alleging his failure to discover defalcations by one of...
Board of Trustees of Employees' Retirement System of City of Baltimore v. Novik - 5/13/1991
Appellee, Donna B. Novik, was granted accidental disability retirement benefits by a Hearing Examiner of the Employees' Retirement System of the City of Baltimore (the Examiner). The Board of Trustees of the Employees' Retirement...
Forbes v. Harleysville Mutual Insurance Co. - 5/10/1991
The first issue in this case is whether the statutorily mandated uninsured motorist coverage in automobile liability insurance policies includes coverage for wrongful death claims. The second issue concerns the insured status of the...
Globe American Casualty Co. v. Chung - 5/10/1991
On July 13, 1983, at 11:30 p.m., Bo Hyun Chung was operating his service station with his wife, Kum Ja Chung. Barbara Ann Orejuela drove into the service station, filled her tank with gasoline, and revealed to Mrs. Chung that she...
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