Motions in limine are filled by a party to prevent the jury from hearing any mention of potentially prejudicial information that the moving party believes is not admissible at trial. Because juries often decide cases like beauty pageants and award damages on like-ability issues, a good trial lawyer will recognize…
Maryland Personal Injury, Accident, and Victim's Rights Blog
Use of “Next Friend” in a Maryland Personal Injury Case
When a minor (under 18 years of age) brings suit in Maryland for a personal injury, the lawyer will bring the suit under the “next friend”. This person is either the parent or the guardian of the minor. Specifically, Md. Rule 2-202 (2006) provides that a parent has the exclusive…
Howard County Jury Awards $188,000.00 to Woman Who Injured Neck in Car Accident
A jury in Howard County, Maryland recently awarded a woman $188,000.00 for injuries she sustained as a car accident victim traveling in a co-workers vehicle, according to an article appearing in todays Dailty Record. Experienced Maryland Accident Attorneys can help victims injured in automobile accidents recover for their injuries. If…
Copyright Infringement Claims
As a trial lawyer, I have successfully handled several copyright infringement cases representing both the plaintiff and the defendant. Although these types of cases involve an area of the law that most people and lawyers are not familiar with, it really is not that complicated once you sink your teeth…
McDaniel College Student Killed by Hit and Run Driver
The Baltimore Sun is reporting very sad news coming out of Westminster this morning. Apparently a driver of a Ford pickup truck slammed into the rear of a Chevrolet Cavalier that was full of McDaniel College students around 11:00pm yesterday. The 19 year old student, Thomas Rouleau, of Gilboa, N.Y.,…
Peanut Company Shipped Products After Confirming Salmonella
In a shocking revelation, the FDA confirmed yesterday that the Georgia peanut company linked to the salmonella outbreak knowingly shipped products it knew were laced with the contamination. Apparently the company had confirmed contamination as far back as 2007, according to an AP article appearing in today’s Baltimore Sun. From…
Understanding the Indeterminate Defect Theory in a Maryland Product Liability Case
There are many defective product cases which cause serious personal injury or death. Often, fire or explosion may cause such significant damage to the product that the actual specific cause for the accident can not be determined. The first example to come to mind is an airplane exploding into a…
Is Their Strict Liability in Maryland for Defective Products Which are Leased?
In Maryland, liability of a lessor may NOT be imposed in a tort action via the doctrine of strict liability. Bona v. Graefe, 264 Md. 69, 285 A.2d 607 (1972). Restatement (Second) § 402A, quite simply, is not applicable to lessors. Section 402A states: (1) One who sells any product…
Are benefits recoverable under Workers’ Compensation action when injury occurs on the employers premises, but during a lunch break?
Maryland courts apply the “going and coming rule” which provides that “injuries received by an employee while going to or returning from his place of employment do not arise ‘out of and in the course of’ employment , and therefore are not compensable” under the Workmen’s Compensation Act. Wiley Manufacturing…
Standard of care applied to Maryland drivers upon malfunction of a traffic signal at a controlled intersection
Question Presented: What standard of care is owed by a Maryland driver upon entrance into a controlled intersection, where the traffic signal is blank due to malfunction? Short Answer: Maryland statutes do not specifically address the standard of care applicable where traffic signals at a controlled intersection fail to operate.…
Maryland Causes of Action for Trespass and Private Nuisance and Damages Available to Plaintiff
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…
Valuing Personal Injury Cases in Maryland
Experienced personal injury attorneys know there is no question asked more often and as difficult to answer than; What is my case worth? The answer to this question is based upon many factors which an experienced personal injury lawyer can best answer. Our system of civil justice is terrible at…
Standard Maryland Jury Instructions for Injured Pedestrian
LIST OF INSTRUCTIONS (Maryland Civil Pattern Jury Instructions-Unless Otherwise Indicated) 1. Introduction 1:1 2. Questions of Law During Trial 1:2 3. Witness Testimony Consideration 1:3 4. Expert Opinion Testimony 1:4 5. Impartiality in Consideration 1:5 6. Inferences from Statements of Court 1:6 7. Burden of Proof-Preponderance of Evidence Standard 1:7…
Pursuing an Airbag Case
Our firm has recently had considerable success against automobile manufacturers for defective airbags. We are familiar with the technical issues involving airbags that deploy with excessive force, untimely deployment, and airbags that do not deploy at all. We represent client’s with airbag cases throughout the United States. Our expert network…
Nissan Issues Massive Recall Over Airbag Problems
Nissan recently decided to recall 204,361 vehicles from its 2007 and 2008 model years in the United States due to the possibility that a passenger side airbag could fail to deploy properly in an accident. The recall covers 2007 and 2008 Nissan Altima, Altima Coupe, 350Z, Murano and Rogue; and…