The U.S. Court of Appeals for the Fourth Circuit reached a decision this year regarding Maryland’s contributory negligence bar to recovery in any personal injury action.
In the case, Saravia v. Chen, U.S. Ct. App., 4th Cir. (2013), the plaintiffs filed a negligence and wrongful death action following a fatal car accident. At trial, the district court granted the summary motion of defendants (a bus driver and his employer), concluding that the decedent’s contributory negligence barred any recovery.
On appeal, the plaintiffs argued that the district court erred in granting summary judgment on several bases.