An Ellicott City man was tragically killed this past weekend while participating in a “Tough Mudder” obstacle course. http://www.baltimoresun.com/news/maryland/howard/ellicott-city/bs-md-tough-mudder-death-20130422,0,3954904.story. Based on what we know so far this case will almost certainly lead to a wrongful death claim against the operators of this race. Runners in these kinds of events certainly…
In the 2008 case of Allen v. Marriott, the Court of Special Appeals came down with a frigid decision for plaintiffs who are injured when falling on black ice. The Court of Appeals denied cert. which means the case is the current law in Maryland. The facts of Allen v.…
A Georgia jury has awarded a Home Depot customer and his wife $1.5 million in a case arising from a forklift accident in a store. According to the lawsuit, the plaintiff suffered severe neck and spine injuries after a pallet of plywood fell 24 feet from a forklift. The wood…
A Florida jury has awarded $750,000 each to the parents of a young man who was strangled to death in a restaurant’s parking lot, in a negligent security case. Jurors decided that the management company that owns a McDonalds and the company that owns the property were negligent for not…
Trespass, as defined in Maryland, occurs when the defendant interferes with the plaintiff’s interest in exclusive possession of land by entering or causing something to enter the land. Rosenblatt v. Exxon Company, 335 Md. 58 (1993). Maryland has adopted the view posited by the Restatement (Second) of Torts, which states…
Homeowners insurance, depending upon the exact language, normally excludes intentional acts by insured that cause injury. A policy that excludes coverage for “damage which is either expected or intended from the standpoint of the insured,” has been interpreted as excluding coverage for results that were subjectively intended by insured’s act.…
A trespasser is classified as one who enters another’s property intentionally and without consent or privilege. The only duty owed to a trespasser is to “abstain from wilful or wanton misconduct.” Doehring v. Wagner, 562 A.2d 762, 767 (1989); Carroll v. Spencer, 204 Md. 387, 394 (1954) (emphasis added). A…