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Articles Posted in Personal Injury Case Law

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Appellate Court Refuses to Apply Heightened Standard to Designated Driver in Drunk Driving Accident Case

Earlier this month, a federal appellate court issued a written opinion in an interesting car accident case involving the applicable standard to apply to a designated driver’s conduct in a lawsuit brought against the designated driver by an intoxicated passenger. This case is important for Maryland car accident victims because…

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Insurance Company Permitted to Question Accident Victims Under Oath Prior to Approval of Claim

Earlier this month, an appellate court in Kentucky issued an interesting opinion in a car accident case that may be of interest to Maryland car accident victims who are considering filing a claim with their insurance company. The case presented the court with the opportunity to discuss whether an insurance…

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Jury Verdict in Favor of Defendant Affirmed in Recent Weather-Related Car Accident Case

Last month, an appellate court in South Dakota issued a written opinion in a car accident case that will be of interest to Maryland car accident victims considering filing a personal injury case seeking compensation for their injuries. The case illustrates the procedural mechanism of summary judgment and when it…

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Court Determines Defendant’s “Wave On” Gesture to Plaintiff Was Not the Proximate Cause of Subsequent Car Accident

Many of us have the experience of sitting in a busy intersection, when a motorist approaching in the opposite direction is attempting to make a left turn through what seems like a solid line of cars. In this situation, it is common for the turning driver to look at one…

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Appellate Court Opinion Discusses Causation as It Relates to Car Accidents

Causation is a necessary element of any Maryland personal injury lawsuit. Briefly, the causation requirement is met if the plaintiff can establish that the defendant’s actions brought about the plaintiff’s harm. While that may sound like a fairly straightforward determination, the reality is that much litigation is focused around the…

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Recent Case Finds Hotel Was Not Liable for Poolside Accident Caused by Drunk Driver

Earlier this month, an appellate court in Florida issued a written opinion in a premises liability lawsuit that was brought by a man whose wife was killed by a drunk driver as she was sitting under a cabana at the defendant hotel’s pool. The plaintiff claimed that the hotel should…

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Court Upholds Personal Injury Plaintiffs’ Decision to File Case in “Home County” of Hit-and-Run Driver

Maryland hit-and-run accidents present a number of legal questions. Most often, these questions are answered by the courts after an accident victim files a claim against their own insurance company that is subsequently denied. Earlier this month, the Georgia Court of Appeals issued a written opinion in a car accident…

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Court Allows Evidence of “Other Similar Incidents” in Recent Product Liability Car Accident Case

Earlier this month, a federal appellate court issued an interesting written opinion in a product liability case, discussing when a plaintiff is able to introduce evidence of similar defects in the defendant’s product that had occurred in the past. The Facts of the Case The plaintiffs were stopped at a…

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Appellate Court Determines Government May Be Liable in Car Accident Caused by Falling Rocks

Earlier this month, an appellate court in Hawaii issued a written opinion in a personal injury case brought by the occupants of a vehicle that was struck by rocks that fell onto the highway during a rock slide. The Facts of the Case The plaintiffs were driving on a Hawaii…

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