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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Revis v. Maryland Automobile Insurance Fund - 5/9/1991
On January 11, 1988, Jerry R. Revis, while a pedestrian, was struck by an uninsured motorist. At that time he was the named insured in a motor vehicle liability policy covering his personal automobile issued by the Maryland...
Alexander v. Montgomery County - 5/9/1991
Charles Alexander, appellant, appeals from the judgment of the Circuit Court for Prince George's County denying his motion for a judgment N.O.V. He asks two questions:
1. Whether the lower court committed reversible error in...
Nationwide Mutual Insurance Co. v. Continental Casualty Co. - 5/8/1991
This appeal arises from a declaratory judgment in favor of an insurer and its business insured regarding coverage under an automobile liability insurance policy for a company car that was involved in a single vehicle accident. ...
Marousek v. Sapra - 5/7/1991
Four questions are presented on this appeal, by Barbara A. Marousek, appellant, from the judgment of the Circuit Court for Baltimore County dismissing, for lack of subject matter jurisdiction over the case, appellant's medical...
Government Employees Insurance Co. v. Group Hospitalization Medical Services Inc. - 5/6/1991
The District of Columbia Court of Appeals has certified to this Court questions relating to a subrogee's rights against an automobile casualty insurer who settled with the subrogor after receiving notice of the subrogee's interest....
McIc Inc. v. Zenobia - 3/27/1991
This products liability case consolidated for trial the claims of Louis L. Dickerson and William L. Zenobia, who allege that they contracted asbestosis as a result of their exposure to products containing asbestos which were either...
Schaefer v. Miller - 3/26/1991
This case concerns punitive damages in a medical malpractice action. It focuses on our holding in H & R Block Inc. v. Testerman, 275 Md. 36, 338 A.2d 48 (1975), that "where the tort is one arising out of a contractual...
Jewell v. Malamet - 3/25/1991
I
Some fifteen years ago the General Assembly of Maryland created an elaborate scheme for the arbitration of medical malpractice claims. It is set out in the Maryland
Code (1974, 1989 Repl.Vol.) of the Courts and...
United States for Use of Trane Co. v. Bond - 3/5/1991
This case has been certified to us by the United States District Court for the District of Columbia, pursuant to the Maryland Uniform Certification of Questions of Law Act, Maryland Code (1974, 1989 Repl.Vol.), §§ 12-601 -- 12-609...
Prince Philip Partnership v. Cutlip - 12/10/1990
Presented here is a claim against a tenant by a landlord seeking contractual indemnity for the landlord's tort liability to a handicapped invitee of the tenant. The trial court correctly held, on the facts presented here and for...
Eagle-Picher Industries Inc. v. Balbos - 8/29/1990
In this, the last decade of the 20th Century, our judicial system faces an apocalypse in the guise of asbestos cases. As did the "Apocalyptic beast," asbestos rose up "as from the depths of the sea," after having lain dormant for...
Estep v. Georgetown Leather Design - 8/3/1990
In this case we are asked to determine whether the Court of Special Appeals failed to follow and apply the specific tests for the finality of judgments contained in Maryland Rule 2-601 and Maryland Rule 2-602, and substituted...
Jones v. Speed - 8/2/1990
This case involves the effect of Maryland's statute of limitations upon a medical malpractice claim. Some of the questions presented by the parties may be determined by reference to existing principles in the law of limitations....
Alitalia Linee Aeree Italiane v. Tornillo - 7/31/1990
The question before us is whether a motion for rehearing filed pursuant to Maryland Code (1957, 1985 Repl.Vol.), Article 101, § 56(e) must be preceded by a hearing at which counsel or parties appear and present their adverse...
Miller v. Nissen Corp. - 6/27/1990
Appellants, Warren G. Miller, individually and t/a Atlantic Fitness Products, Faye Miller, individually and t/a Atlantic Fitness Products, (collectively referred to hereinafter as "Atlantic Fitness,") and Frederick B. Brandt, allege...
Walther v. Allstate Insurance Co. - 6/21/1990
This appeal arises from the Circuit Court for Montgomery County, wherein Judge William C. Miller ruled that Allstate Insurance Company, because of a household exclusionary clause, was not obligated to indemnify Charles and Barbara...
Newell v. Richards - 6/6/1990
Estella Newell, appellant, filed a medical malpractice claim with the Health Claims Arbitration Office (HCAO) against Dr. George J. Richards, Jr., Greater Baltimore Medical Center (GBMC), and Richards, Hirschfeld & Associates,...
Keefover v. Giant Food Inc. - 6/5/1990
As a result of a jury trial in the Circuit Court for Prince George's County (Levin, J.), Terri M. Keefover was awarded $1,000 and costs in her suit against Giant Food.
In this Court, Keefover poses seven issues which we shall...
Edmonds v. Murphy - 5/30/1990
The "cap" on damages in personal injury cases has been the subject of much controversy and debate within and without the legal profession. One recent law review article even suggests that we "blast the cap" that limits recovery of...
Comstock v. Maryland - 5/9/1990
We shall be concerned with whether a driver whose vehicle has not made physical contact with another may be considered to have been "involved" in a personal injury "accident" and convicted of leaving its scene.
The...
Mirkin v. Medical Mutual Liability Insurance Society of Maryland - 5/3/1990
Gabe Mirkin, M.D., appeals from an order of the Circuit Court for Baltimore City which reversed a determination by the Insurance Commissioner that Medical Mutual Liability Insurance Society of Maryland (Medical Mutual) violated
...
Brady v. Ralph M. Parsons Co. - 5/2/1990
This case presents the question whether the defenses of contributory negligence and assumption of risk were properly submitted to the jury in an action based upon an independent contractor's alleged violation of an assumed duty to...
Institute of Mission Helpers v. Beasley - 3/5/1990
Dissatisfied with a decision of the Workers' Compensation Commission, the claimant, Eva N. Beasley, filed an appeal to the Circuit Court for Baltimore City. The employer moved to dismiss the appeal on the ground that it was...
State Farm Mutual Automobile Insurance Co. v. Schlossberg - 3/1/1990
Appellant, State Farm Mutual Automobile Insurance Company (State Farm), appeals from a default judgment
entered in the Circuit Court for Prince George's County and the assessment of damages in the amount of $1,163,534.36. ...
Rein v. Koons Ford Inc. - 12/22/1989
Under the Maryland law of conflict of laws Maryland courts do not enforce the "penal" laws of other states or nations. The principal question in this case is whether a Virginia consumer protection statute on which the instant...
Libby v. Government Employees Insurance Co. - 6/12/1989
Appellee, Government Employees Insurance Company (GEICO), issued an automobile liability policy to appellant, Henry N. Libby, for a one year term beginning 1 February 1985. The policy was renewed for another one year term beginning...
Potomac Electric Power Co. v. Smith - 6/8/1989
Almost a century ago, it was observed that "electricity is the most powerful and dangerous element known to science; it cannot be seen, and it is as silent as it is deadly. . . ." Overall v. Louisville Elec. Light Co., 47 S.W. 442,...
Burris v. Richards - 6/7/1989
Leonard H. Burris and his wife, appellants, appeal from the judgment of the Circuit Court for Baltimore County granting summary judgment, on the basis of limitations, in favor of George R. Richards, M.D.; Robert L. Hirschfeld, M.D.,...
Phillips v. Venker - 5/30/1989
The plaintiffs in a personal injury action contend they were denied due process of law in connection with a telephone conference hearing of a motion for summary judgment. Interestingly, their complaint is not that the hearing was...
Attorney Grievance Commission of v. Kolodner - 5/26/1989
by Murphy, C. J.
The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for disciplinary action against Fred Kolodner, alleging violations of the Code of Professional Responsibility. We referred the...
Gaver v. Harrant - 5/4/1989
The issue presented is whether Maryland should adopt a cause of action permitting a minor child to recover money damages for the loss of parental society and affection when the parent is disabled by the negligence of a third party. ...
Martin v. Nationwide Mutual Insurance Co. - 5/3/1989
Md.Code Ann. art. 48A, § 539(a) requires every automobile insurance policy sold in Maryland to provide up to $2,500 in benefits for medical expenses and "loss of income" as the result of an accident. These are "first party"...
Village of Cross Keys Inc. v. United States Gypsum Company. Frank O. Gehry & Associates Inc. - 5/3/1989
The Council of Unit Owners of Harper House Condominium sued the Village of Cross Keys, Inc. (VCK) and the Rouse Company (Rouse), contending that VCK and Rouse, as developers of the Harper House building, were responsible
...
Miles Laboratories Inc. v. Doe - 5/2/1989
These cases present questions of Maryland law certified to us by the United States District Court for the District of Maryland, pursuant to the Uniform Certification of Questions of Law Act, Md.Code (1974, 1984 Repl.Vol.), §§ 12-601...
Earle v. Gunnell - 3/29/1989
Steven Earle (Earle), the plaintiff below, appeals from an order of the Circuit Court for Washington County (Corderman, J.) granting the appellees', the State and Robert Gunnell (Gunnell), motion to dismiss/motion for summary...
Pennwalt Corp. v. Nasios - 12/21/1988
In this case we are asked to determine when an action accrues in a medical products liability case. Pursuant to the Uniform Certification of Questions of Law Act, Maryland Code (1984), §§ 12-601 to 12-609 of the Courts and...
Newman v. Reilly - 12/12/1988
The plaintiff in this tort action was involuntarily committed to a mental disorder treatment facility on the certificate of two physicians and was released following the first admission hearing at the facility. Plaintiff alleged,...
Hatzinicolas v. Protopapas - 12/9/1988
"The doctrine usually called the parent-child immunity rule exists in Maryland." Frye v. Frye, 305 Md. 542, 543, 505 A.2d 826, 827 (1986). The immunity includes actions sounding in negligence. Id. at 567, 505 A.2d at 839. In...
Nash v. Raneri - 12/5/1988
The appellant, Helen Nash, required the amputation of her left leg following complications from bypass surgery. Mrs. Nash filed a medical malpractice claim with the Health Claims Arbitration Office against the appellees, Dr. Anthony...
Williams v. Maryland - 12/5/1988
Two outstanding authorities on the common law, Sir Edward Coke and Sir Matthew Hale disagree as to whether
a child born alive but who dies as a result of an injury sustained in utero is a homicide victim. In this case we...
Boatel Industries Inc. v. Hester - 11/30/1988
This case demonstrates the real-life consequences for some individuals who ignore the old maxim that it may be unwise to mix business with pleasure. The appellees in the instant case sought to enjoy all of the financial benefits of...
Nationwide Mutual Insurance Co. v. United States Fidelity & Guaranty Co. - 11/28/1988
In Harden v. Mass Transit Adm., 277 Md. 399, 354 A.2d 817 (1976), this Court held that, under the pertinent provisions of the Maryland Insurance Code and the Maryland Vehicle Law, now codified in Code (1957, 1986 Repl.Vol.),...
Brown v. Meda - 3/2/1988
Dorothy Virginia Brown and her husband, Rudolph S. Brown, appeal from a judgment notwithstanding the verdict entered in the Circuit Court for Baltimore City, which set aside a jury verdict in the amount of $600,000 in favor of the...
Valk Manufacturing Co. v. Rangaswamy - 3/2/1988
The fatal collision giving rise to this litigation occurred on December 19, 1982. Dr. Srinivasa Rangaswamy, driving a Toyota automobile, attempted to exit from his housing development at West Kersey Lane in Montgomery County onto...
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