Personal Injury Case Law

How a Third Party’s Actions Affect Causation in a Negligence Claim

June 9, 2021 | Lebowitz & Mzhen

One of the elements that individuals filing a Maryland negligence claim have to prove is causation. But even if a court finds a defendant’s acts or omissions were the cause-in-fact of the plaintiff’s injuries, the court will also consider whether the defendant’s negligent actions are a legally cognizable cause—that is, whether the defendant should be held liable under the circumstances. This consideration generally centers on whether the plaintiff’s injuries were within the harm that the defendant should have anticipated or expected due to the defendant’s negligent actions. Thus, a defendant may not be liable if the plaintiff’s injuries resulted only because of very unusual and unexpected circumstances. In considering whether a defendant may be liable for a plaintiff’s injuries, the court will consider any intervening negligent acts or omissions in the foreseeability analysis. If an intervening negligent action or omission is found to be a superseding cause, the defendant will not be held liable. Intervening acts may include the criminal acts of a third party after the defendant’s original act of negligence, as in the following case.

In a recent decision issued by a state supreme court, the court considered a case in which an employee at an Avis rental company stole an SUV from the rental lot where he worked after it had closed for the day. He drove the SUV around for hours in hopes of selling the vehicle. Police officers saw him driving erratically and approached him, and the driver sped off in an attempt to escape. As he was trying to escape, the driver lost control of the vehicle and crashed into a wall where two people were sitting, severely injuring them. The two individuals sued the driver and others, including Avis rental car company, alleging negligence and vicarious liability. The juries in both cases found in favor of the plaintiffs.

However, the Supreme Court of George found that the plaintiffs could not recover because the driver’s intervening criminal conduct severed the chain of events for causation. The court held that the driver’s criminal acts were the intervening and independent wrongful act of a third person. The court decided that even if Avis was negligent in allowing the employee to gain access to a car and steal it after hours, the injuries to the plaintiffs were not a probable or natural consequence that could have been reasonably foreseen by the defendants. No evidence showed that the defendants could have reasonably foreseen that the driver would lead police on a high-speed chase and crash into the plaintiffs.

Insurance Disputes After Maryland a Car Accident

April 13, 2021 | Lebowitz & Mzhen

Insurance companies play a crucial role in ensuring that Maryland car victims are not left destitute after a disastrous accident. Although insurance companies boast the benefits of their policies, their interests lie in preserving their financial standing. As such, many insurance companies engage in bad faith practices to avoid paying out rightful claims to policyholders. When this occurs, injury victims should contact an attorney to discuss their rights and remedies.

Many car insurance disputes stem from an insurance company’s wrongful denial or failure to adequately settle a claim. Car insurance companies may offer several types of coverage to policyholders. This includes bodily injury protection, property damage liability coverage, uninsured motorist bodily injury coverage, uninsured motorist property damage coverage, and personal injury protection. Before purchasing vehicle insurance, consumers should consult with multiple insurance companies, ask for price quotes, and ask about deductibles and discounts. However, most importantly, motorists should review their policy and fully understand the terms before purchasing the policy.

What Is an Insurance Dispute?

Insurance disputes often arise because of an unclear or ambiguous term in the policy. This can present injury victims and their loved ones with significant issues while trying to medically and financially heal from an accident. Generally ambiguous terms are liberally construed against an insurer. However, the result of this analysis may still lead to unfavorable results for a plaintiff. For example, a court recently issued an opinion in a case stemming from a dispute between the family of a woman killed in a car accident and an insurance company. The woman died from injuries in a car accident with an employee driving a vehicle for a not-for-profit corporation.

Where Can Maryland Car Accident Victims Bring a Products Liability Case?

April 6, 2021 | Lebowitz & Mzhen

If a victim is injured in a Maryland motor vehicle accident, there may be a question of where a defendant can be sued. Jurisdiction refers to the ability of a court to hear and make a decision about a case. Some courts are limited to hearing certain types of cases and courts can only hear a case if a party has sufficient contacts with the place where the court is located. Personal jurisdiction specifically refers to a court’s power to exercise jurisdiction over the party being sued. Generally, a defendant must have sufficient contacts in the state for a court to exercise jurisdiction over the defendant.

Recently, the U.S. Supreme Court issued an important decision in a case considering personal jurisdiction after two personal injury lawsuits were filed against Ford after car accidents in Montana and Minnesota. In one case, the tread separated from a rear tire, killing the driver in the crash. In the other case, a passenger’s airbag failed to deploy in a crash, causing the passenger serious brain damage. The victims were residents of their respective states and in each case, the state exercised jurisdiction in the products liability cases. Ford argued that the state courts did not have jurisdiction because the company had not designed, manufactured, or sold the particular vehicles involved in the accident in the states.

Ford is incorporated in Delaware and has its headquarters in Michigan. It markets sells, and services its products throughout the United States and abroad and encourages its vehicles to be resold. The U.S. Supreme Court held that a state court may exercise specific jurisdiction where the defendant purposely availed itself “of the privilege of conducting activities” within the state and the claims “arise out of or relate to the defendant’s contacts” with the state. The Court further held that Ford did not have to sell the car or design and manufacture the vehicle in the state for specific jurisdiction. The Court held that in these cases, Ford purposefully availed itself of the privilege of conducting activities in each state. Ford advertised and marketed its vehicles in the states and fostered ongoing connections to owners of Ford vehicles. It reasoned that cultivating a market for a product in a state and the product malfunctioning there was sufficient for personal jurisdiction, and thus, the cases could continue against Ford in those states. The Supreme Court’s decision means that a Maryland car accident victim may be able to sue a manufacturer in a product liability suit in Maryland even if the car was not designed, manufactured, or sold in the state.

Naming and Substituting Party Names in a Maryland Car Accident Complaint

February 3, 2021 | Lebowitz & Mzhen

A Maryland car accident lawsuit begins with the filing of a complaint against one or more defendants. Filing pleadings against fictitious persons are known as “John Doe” pleadings. Maryland law does not specifically authorize John Doe pleadings. However, Maryland does permit parties to amend pleadings to add a party or correct an incorrectly named party in some circumstances.

What Is the Doctrine of Relation Back?

Maryland personal injury law allows parties amending pleadings to apply the doctrine of relation back by not barring the amended cause of action by the statute of limitations as long as the facts remain essentially the same after the amendment. So, for example, a party may be able to correct the name of an originally-named party, but not to add a new party. A recent case serves as a warning for those who fail to sufficiently investigate and properly name parties before filing a complaint.

According to the state court appellate opinion, in September 2016, a police officer saw a driver run two red lights without stopping, and a police chase ensued. Another officer who joined in the chase and was pursuing the driver drove against the flow of traffic and hit another driver head-on, killing him. The man’s personal representative sued the police officer driving the car, the city, and other named and fictitiously named parties. More than a year later, the representative amended the complaint to substitute the names of the other police officers involved in the chase for the fictitiously named defendants. The defendant officers argued that the amended complaint was not timely filed and was barred by the statute of limitations.

When Can Maryland Courts Enter Summary Judgment?

December 17, 2020 | Lebowitz & Mzhen

Although some cases go to trial, many Maryland car accident cases are decided by the court based on the evidence and pleadings. After the evidence has been submitted, a party can file a motion for summary judgment to have the court rule on the issues in the case. Under Maryland law, summary judgment may be granted if there is no genuine issue regarding any material fact, and the party seeking summary judgment is entitled to judgment as a matter of law. In considering a motion for summary judgment, the court will view the case in the light most favorable to the non-moving party and drawing any reasonable inferences from the facts against the moving party. There has to be evidence from which a jury could find in the non-moving party’s favor to deny summary judgment. The party seeking summary judgment is responsible for clearly identifying deficiencies in the case that show the absence of a genuine issue of fact.

In a recent case before a state supreme court, the court considered whether the plaintiff was entitled to judgment as a matter of law based on the evidence in a two-vehicle car accident case. In that case, the plaintiff was approaching an intersection where he intended to turn left. The defendant had also stopped at the intersection, and after he entered the intersection, he struck the driver side of the plaintiff’s vehicle as both vehicles were making left turns. The plaintiff sued the defendant for damages. Both parties and their spouses testified at the trial and presented two different accounts of the crash. The jury found the defendant was not negligent, and the plaintiff appealed the decision.

On appeal, the plaintiff argued in part that the judge should have found he was entitled to judgment as a matter of law because he claimed the defendant violated the right-of-way. The court disagreed. The court explained that the jury heard two versions of the accident. The plaintiff claimed that the defendant was negligent for failing to yield the right-of-way and that the defendant accelerated quickly and failed to perceive the vehicle because the sun blocked his vision. On the other hand, the defendant claimed that he approached carefully and proceeding slowly before colliding with the plaintiff, who had entered his lane of travel. Therefore, even if the jury found that the defendant violated the right-of-way, it could still find that he acted reasonably under the circumstances. Thus, the court upheld the jury’s verdict in favor of the defendant.

Proving Future Damages in a Maryland Car Accident Case

October 23, 2020 | Lebowitz & Mzhen

Proving damages is an essential part of any Maryland car accident case. In addition to establishing a defendant’s liability, the plaintiff has the burden to prove their damages. Generally, damages must be proven by a “preponderance of the evidence,” which means that it is more likely than not to be true. The plaintiff must prove that the injury and damages were proximately caused by the wrongful acts of the defendant. This means that the damages cannot be based on speculation or conjecture. Some future expenses or losses, which may be recoverable in some cases, such as lost wages and lost earning capacity, can be difficult to establish. However, they are ways of proving these damages.

A recent case provides an example of a plaintiff’s failure to sufficiently prove damages for future medical expenses. In that case, the plaintiff filed suit against another driver after he suffered injuries in a motor vehicle accident. The plaintiff was stopped in a left-hand turn lane when he was rear-ended by the defendant driver. The plaintiff’s SUV suffered significant damage, but the plaintiff did not initially seek medical treatment. However, the plaintiff’s back began hurting later that day, and he went to a local hospital, where he was prescribed pain medication and was told to follow up with his primary care physician. He saw his primary care physician and was referred to an orthopedic surgeon who diagnosed him with an L3-4 level disk herniation. The surgeon recommended initial treatment of steroid epidural injections, and saw him a few more times, until he told the plaintiff that he could follow up if it was necessary.

At trial, the defendant admitted she was at fault for the accident, and a jury awarded the plaintiff $25,000 in damages and $100,000 for future medical expenses. The defendant argued that the future damages award was not supported by the evidence and the trial court agreed, vacating the future damages award. The plaintiff appealed the decision.

Can Maryland Hosts Be Liable for Providing Alcohol to Drunk Drivers?

October 6, 2020 | Lebowitz & Mzhen

Drunk driving remains an issue in Maryland, just as it does across the country. Due to the severity of the issue, in some states, social hosts and commercial establishments can be held liable for providing alcohol to guests if another person is injured as a result of a Maryland car accident. A recent decision a state appellate court considered whether a 19-year-old could be held liable after his friends drank at his home.

In that case, the 19-year-old defendant had friends over at his home where they all drank alcohol. His friends were also underage, but adults. Two of his friends, who were 19 years old and 20 years old, left severely intoxicated. The 20-year-old drove and crashed his car, and the 19-year-old passenger died at the scene.

The state’s supreme court considered whether an adult under the age of twenty-one had a duty to stop others from allowing underage guests to consume alcohol in their homes. The court decided that an underage adult may be held liable if 1.) the defendant knowingly permitted and facilitated the consumption of alcohol by allowing others to drink in his home; 2.) the defendant knowingly provided alcohol to a visibly intoxicated underage guest or allowed the guest to drink there; 3.) it was reasonably foreseeable that the driver would leave to operate a motor vehicle, thereby putting others at risk; 4.) the defendant did not take any reasonable steps to prevent the intoxicated guest from getting behind the wheel of the vehicle; and 5.) the guest negligently drove and injured a third party due to his intoxication. In this case, the court decided that the defendant could be held liable.

The Importance of Obtaining Accurate Information when Bringing a Maryland Car Accident Claim

September 28, 2020 | Lebowitz & Mzhen

In some cases, a plaintiff may need to add or change the defendant in a Maryland car accident case after the case has already been filed. Maryland Rule 2-341 explains when a party may amend pleadings in a case. Some of the circumstances in which a party may amend pleadings under the rule are to “correct misnomer of a party” and to “add a party or parties.” However, amending a pleading may be tricky after the statute of limitations has run, depending on the amendment.

In a recent case, the Virginia Supreme Court explained under what circumstances an amendment is allowed after a party is misnamed, under Virginia law. In that case, the plaintiff was injured in a car accident and filed suit seeking damages. In the complaint, the plaintiff identified the at-fault driver as Michael M. The police report had listed Michael M. as the driver, but the plaintiff later learned that the driver was actually Michael’s son, Noah M. The plaintiff then filed a new complaint, arguing that the use of the wrong name in the complaint was a misnomer rather than a misjoinder. But the defendant argued that the suit was barred by the statute of limitations because the second complaint was filed after the statute of limitations had run.

The Virginia Supreme Court explained that a misnomer is a mistake in the name, as opposed to a misjoinder, which is a misidentification of the party. The distinction is significant because, in the case of a misnomer, a party can amend the pleading even after the statute of limitations expires. The court held that in this case the misidentification was a misnomer. The complaint alleged that the driver was negligent, but used the driver’s wrong name, based on the incorrect police report. Thus, it was not a mistake of a party but only of the name.

What Is a Plaintiff’s Responsibility to Mitigate Damages After a Maryland Car Accident

September 21, 2020 | Lebowitz & Mzhen

In a Maryland car accident case, the plaintiff has an obligation to mitigate their damages. This means that they must use reasonable efforts to minimize the effects of their injuries, for example, by undergoing medical treatment to avoid more serious injuries. If a defendant can establish that a plaintiff failed to mitigate his damages, the plaintiff’s damages award may be reduced. If the doctrine of mitigation applies, it is the defendant that has the burden to prove that the plaintiff failed to mitigate his damages.

In a recent case before a state appellate court, the court held that there was evidence that the plaintiff failed to mitigate his damages after a car accident. In that case, the plaintiff was driving a rental car and was sideswiped by a tractor-trailer. The plaintiff hit his head against the car’s window. The plaintiff later found a sliver of glass in his eye and sought treatment at a hospital, where they determined that the plaintiff had a preexisting tumor. The plaintiff filed suit against the tractor-trailer driver and his employer, claiming that his preexisting tumor swelled due to trauma from the accident.

The defendants did not contest that they were at fault for the accident, but disputed the amount of damages they were responsible for. Under state law, a plaintiff has a duty to mitigate post-injury damages. If they fail to mitigate damages, the damages will be reduced by the damages that “reasonable care would have prevented.”

The Plaintiff’s Burden in a Maryland Car Accident Case

September 8, 2020 | Lebowitz & Mzhen

In a Maryland car accident case, evidence is legally sufficient if a reasonable jury could find it satisfies the party’s burden of proof. In any case, the party that has the burden of proof must produce some evidence supporting their position. If the party fails to do so, the judge may decide the case in the other party’s favor without having a jury consider the case. If a case is sent to a jury for consideration, the party that has the burden of persuasion must also meet that burden, which is generally measured by a preponderance of the evidence standard. Under that standard, a plaintiff must prove that it is more likely than not that something occurred. If a reasonable jury could not find in the plaintiff’s favor under the standard, a judge will not send the case to the jury and will instead find in the defendant’s favor.

A recent state appellate case serves an example of a situation in which a lower court erred in deciding certain issues instead of submitting them to the jury. In that case, the plaintiff was injured in a car accident and filed a negligence claim against another driver that was involved in the accident and the owner of that vehicle. She also filed an uninsured/underinsured motorist claim against her own insurer. The plaintiff reached a settlement with the driver and the owner and only continued to trial against her insurer.

The evidence at trial revealed that the plaintiff injured her left knee. She had previously injured her knee while she was attending the Naval Academy and injured it again when she was out walking several years after that. She had arthroscopic surgery on her knee two months before her car accident which showed that she had a torn meniscus. After the surgery, she said that her knee was getting better until the accident occurred. After the accident, a doctor performed arthroscopic surgery on her knee and found that she had suffered an ACL tear in the car accident and was permanently injured. The court directed a partial verdict in the plaintiff’s favor finding that the plaintiff suffered a permanent injury to her left knee that was caused by the accident. The jury found in the plaintiff’s favor and awarded her $446,000.