In a recent appellate decision, a Maryland court held that a plaintiff-passenger who is injured in an accident cannot be precluded from recovering compensation for her injuries based on the fact that the driver she allowed to drive her car was negligent. In so holding, the court explained that it…
Articles Posted in Personal Injury Case Law
Third-Party Liability in Maryland Drunk Driving Accidents
Recently, a state appellate court issued a written opinion in a car accident case involving a plaintiff’s attempt to hold a bar responsible for the actions of a drunk driver under the theory that the bar was negligent in serving the at-fault driver to the point of intoxication. Ultimately, the…
Court Rejects Plaintiff’s Uninsured Motorist Claim Based on Policy Language Exception
While car insurance is supposed to assist Maryland car accident victims in getting back on their feet after an accident, the unfortunate reality is that insurance companies are often looking for ways to get out of paying up. However, an insurance policy is a legally binding contract, whereby the insurance…
Court Discusses Government Immunity as It Pertains to the Placement of Road Signs
Recently, a state appellate court issued a written opinion in a personal injury case discussing whether a government entity may be held liable for its failure to place road signs in advance of a dead-end road. Ultimately, the court concluded that both the defendant township and the defendant county were…
Court Finds Government Was Entitled to Immunity in Recent Case Over Negligently Designed Roadway
Recently, a state appellate court issued a written opinion in a personal injury case that presented an interesting issue relevant to many Maryland car accident cases. The case required the court to determine if a government official’s design of a highway was discretionary despite the fact that the official did…
Court Discusses Plaintiff’s Duty to Preserve Evidence in Recent Car Accident Case
Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing when a plaintiff’s duty to preserve evidence arises. Ultimately, the court concluded that the plaintiff’s duty to preserve evidence arises at the same time a defendant’s duty does, which is when the plaintiff…
Court Discusses the Concept of “Foreseeability” in Recent Car Accident Case
Earlier this month, an appellate court issued a written opinion in a personal injury case discussing the concept of foreseeability. Essentially, in order to establish that a defendant owed a plaintiff a duty of care in a Maryland car accident case, the plaintiff must be able to establish that their…
Court Determines Insurance Adjuster May Have Obtained Favorable Settlement Through Undue Influence
Recently, an appellate court issued an opinion in a car accident case involving a plaintiff who signed a waiver of liability in favor of the defendant insurance company. The case required the court to determine if the waiver was valid. Finding that there was some evidence suggesting that the plaintiff…
Court Denies Plaintiff’s Motion for New Trial, Finding the Evidence Supported the Jury’s Verdict
After a jury returns a verdict in a Maryland car accident case, the losing party has the opportunity to file a number of post-trial motions. The most common post-trial motion is a motion for a new trial based on some perceived error that occurred during the proceeding. Generally speaking, a…
Court Affirms Defense Verdict in Car Accident Case, Despite Defendant’s Admission
Earlier this month, an appellate court issued a written opinion in a personal injury case that raises an interesting issue that frequently comes up in Maryland car accident cases. The case required the court to determine if a jury’s verdict in favor of the defendant was proper, given that the…