Maryland Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of Maryland or Court of Appeals of Maryland where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Nasseri v. GEICO General Insurance Co. - 12/15/2005
Bell, C.J., Raker, Wilner, Cathell, Harrell, Battaglia, Eldridge, John C. (Retired, specially assigned), JJ. We issued a writ of certiorari in this case for the purpose of resolving two important coverage issues under the Motor...

Attorney Grievance Commission of Maryland v. Muhammad - 12/14/2005
Bell, C.J., Raker, Wilner, Cathell, Harrell, Battaglia, Greene, JJ. Having received complaints from seven complainants, charging Patrick J. Muhammad, the respondent, with misconduct, consisting of violations of various of the...

Moore v. State - 12/14/2005
Bell, C.J., Raker, Wilner, Cathell, Harrell, Battaglia, Greene, JJ. Bell, C.J., dissents. Petitioner, Frederick James Moore, was convicted by a jury in the Circuit Court for Howard County of first degree murder of Ashley...

Benson v. State - 12/7/2005
Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene, JJ. We issued a writ of certiorari to the Court of Special Appeals, before it decided the appeal in this case, to consider several questions: 1. Whether the State of...

Patras v. Syphax - 12/2/2005
In answer to special interrogatories, a jury in the Circuit Court for Montgomery County found that appellee Paul Christopher Syphax negligently operated a car that rear-ended a vehicle driven by appellant Dan Patras, and that...

Sindler v. Litman - 12/2/2005
Davis, Eyler, James R., Barbera, JJ. This case arises out of a motor vehicle accident that occurred on December 7, 1994. In 1997, Barbara Sindler (Ms. Sindler), the occupant of one vehicle, and Bruce Sindler, M.D. (Dr. Sindler or...

Tucker v. University Specialty Hospital - 12/1/2005
Barbera, Meredith, Bloom, Theodore G. (Ret'd, Specially Assigned), JJ. The appellants are the surviving children and parents of Judy Lynch ("the patient" or "Mrs. Lynch"), who died at the age of 53 as a consequence of a lethal...

Lawson v. State - 11/28/2005
Raker and Harrell, JJ., Concur On July 8, 2003, Joseph Lawson, petitioner, was convicted by a jury in the Circuit Court for Prince George's County on two counts of second- degree rape, two counts of attempted second-degree...

Attorney Grievance Commission of Maryland v. Cappell - 11/15/2005
The Attorney Grievance Commission, through Bar Counsel and in conformance with Maryland Rule 16-751, filed a Petition for Disciplinary or Remedial Action against respondent, Robert E. Cappell, alleging violations of the Maryland...

Debbas v. Nelson - 11/9/2005
Bell, C.J., Raker, Wilner, Cathell, Harrell, Battaglia, Greene, JJ. This case presents us with the task of determining whether a facially valid Certificate of Qualified Expert, a prerequisite to instituting a medical malpractice...

Curtin v. State - 10/7/2005
Concurring Opinion by Murphy, C.J. On December 17, 2003, a jury sitting in the Circuit Court for Prince George's County, convicted Raymond Curtin, appellant, of armed robbery and several related offenses, including use of a...

Landon v. Zorn - 10/6/2005
Raker Wilner Cathell Harrell Battaglia Greene Eldridge, John C. (Retired, Specially Assigned), JJ. This matter arises from a medical malpractice action brought by Richard Landon and his wife, Joann Landon, against Pamela Zorn,...

Weatherly v. Great Coastal Express Co. - 9/19/2005
Hollander, Kenney, Barbera, JJ. Maryland's workers' compensation law provides for dependency death benefits to "individuals who were wholly dependent" upon a worker at the time of his or her "death resulting from an accidental...

Fedorowicz v. State Retirement and Pension System of Maryland - 9/15/2005
Eyler, James R., Kenney, Adkins, JJ. In this appeal from the denial of accidental disability retirement benefits, we interpret the following limitations period established by Md. Code (1993, 2004 Repl. Vol.), section 29-104(d)(2)...

Medical Mutual Liability Insurance Society of Maryland v. Davis - 9/15/2005
Bell, C.J., Eldridge, Raker, Wilner, Cathell, Harrell, Battaglia, JJ. The issue we are required in this case to decide is whether a judgment creditor, indisputably entitled to post-judgment interest on its judgment, who accepts a...

Rausch v. Allstate Insurance Co. - 9/8/2005
Bell, C.J., Raker Wilner Cathell Harrell Battaglia Greene, JJ. It is not uncommon for a fire insurance policy to contain a subrogation clause that permits the insurer to recover, from any person (other than the insured) who...

Uninsured Employers' Fund v. Danner - 9/7/2005
Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene, JJ. Gerald E. Danner was injured in Baltimore City while performing carpentry services at the behest of his employer, Timothy Stivers ("Stivers"). Danner lost the use of...

Doe v. Pharmacia & Upjohn Co. - 8/11/2005
Bell, C.J., Raker, Wilner, Cathell, Harrell, Battaglia, Greene, JJ. In this Certified Question case, pursuant to the Maryland Uniform Certification of Questions of Law Act, Maryland Code (1974, 2002 Repl. Vol., 2004 Cum. Supp.),...

General Motors Corp. v. Seay - 8/10/2005
Bell, C.J., Raker, Wilner, Harrell, Battaglia, Greene, Eldridge, John C. (Retired, Specially Assigned), JJ. On March 24, 2003, a jury in the Circuit Court for Baltimore City found in favor of Randall C. Seay in his wrongful...

Medical Mutual Liability Insurance Society of Maryland v. Barrett Goldstein - 8/9/2005
Bell, C.J., Raker Wilner, Cathell Harrell, Battaglia Greene, JJ. This matter arises from a declaratory judgment action filed by Barrett Goldstein, M.D. against Property and Casualty Insurance Guaranty Corporation ("PCIGC"), and...

Lopez-Sanchez v. State - 7/28/2005
Bell, C.J., Raker, Wilner, Cathell, Harrell, Battaglia, Rodowsky, Lawrence F., (Retired, Specially Assigned), JJ. Wilner and Harrell, JJ. concur Petitioner, the victim of a delinquent act, sought reconsideration of a...

Prince George's County - 7/21/2005
Bell, C.J.. Raker. Wilner. Cathell. Harrell. Battaglia. Greene, JJ. This appeal is an excess insurance case arising from a claim of police brutality against Prince George's County and three of the County's police officers. The...

Attorney Grievance Commission of Maryland v. Cherry-Mahoi - 7/21/2005
Bell, C.J., Raker Wilner, Cathell Harrell, Battaglia Greene, JJ. Opinion by Battaglia, J. Bell, C.J., dissents The Attorney Grievance Commission of Maryland ("Petitioner" or "Bar Counsel"), acting through Bar Counsel and...

Johnson v. Nationwide Mutual Insurance Co. - 7/15/2005
Jaedon Johnson is a minor child whose father, Jermal Thomas, was killed in an automobile accident on March 6, 2002. Mr. Thomas, riding in a car driven by Damon Gaither, was killed by the negligent actions of Mr. Gaither. Mr. Gaither...

Mason v. Lynch - 7/15/2005
Bell, C.J. and Raker, J., dissent The petition for a writ of certiorari in this negligence tort action presented a single question as follows: "In a personal injury case arising from a motor vehicle accident, may a...

Zelinski v. Townsend - 7/8/2005
Murphy, C.J., Eyler, James R., Getty, James S., (Retired, specially assigned), JJ. This appeal arises out of a December 18, 2000 automobile accident in which appellants Angela Gail Zelinski and Dylan Walter Zelinski sustained...

Farmers Bank of Maryland v. Chicago Title Insurance Co. - 7/7/2005
Hollander, Adkins, Bishop, John J., Jr., (Retired, Specially Assigned) JJ. In this case we study negligence and the economic damages rule, negotiable instruments and the loss allocation rules of the Uniform Commercial Code...

White v. Prince George's County - 7/6/2005
Hollander, Salmon, Krauser, JJ. Claiming that he was the victim of police brutality during his arrest on April 23, 2001, Thomas C. White, appellant, filed suit on March 18, 2004, in the Circuit Court for Prince George's County,...

Attorney Grievance Commission of Maryland v. Zakroff - 6/23/2005
Bell, C.J., Raker, Wilner, Cathell, Harrell, Battaglia, Greene, JJ. Pursuant to Maryland Rule 16-751 of the Maryland Rules of Professional Conduct (MRPC), the Attorney Grievance Commission (petitioner), acting through Bar...

Ross v. State Board of Elections - 6/23/2005
Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene, JJ. Bell, C.J. and Raker, J., dissent. This matter arises out of the 2004 General Election for the Thirteenth Councilmanic District seat on the Baltimore City...

Attorney Grievance Commission of Maryland v. Pennington - 6/22/2005
Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene, JJ. Bell, C.J., dissents The Attorney Grievance Commission of Maryland filed a petition with this Court for disciplinary action against Jill Johnson Pennington,...

Bittner v. Huth - 6/21/2005
Murphy, C.J., Eyler, James R., Alpert, Paul E., (Retired, specially assigned), JJ. In the Circuit Court for Baltimore City, Charles Bittner, his wife Juanita, and their daughter Julie Bittner, appellants, sued Baltimore County...

Lightolier v. Hoon - 6/21/2005
Bell, C. J., Raker, Wilner, Cathell, Harrell, Battaglia, Greene, JJ. Bell, C.J., Wilner and Battaglia, JJ. dissent. This case arises from the occurrence of a fire that caused substantial damage to the home of David and...

Salvagno v. Frew - 6/10/2005
Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene, JJ. This is a medical malpractice action arising from surgery performed on plaintiff, William Frew's, right ankle. The claim, as it reached the Circuit Court for...

Christensen v. Philip Morris USA Inc. - 6/8/2005
Hollander, Sharer, Moylan, Jr., Charles E. (Retired, specially assigned) JJ. This appeal involves the interplay of the statute of limitations, the discovery rule, and the doctrine of equitable tolling, and the competing policies...

Goff v. State - 6/6/2005
Bell, C.J., Raker, Wilner, Cathell, Harrell, Battaglia, Greene, JJ. On April 25, 2003, the State charged James P. Goff with a number of crimes, including, inter alia, burglary, assault, trespass, and malicious destruction of...

Rite Aid Corp. v. Levy-Gray - 6/3/2005
Murphy, C.J., Kenney, Rodowsky, Lawrence F. (retired, specially assigned), JJ. The principal issue here is whether, under the circumstances of this case, the appellant and cross-appellee, Rite Aid Corporation (Rite Aid), made an...

Sysco v. Harrell - 6/2/2005
Salmon, Krauser, Thieme, Raymond G., Jr. (Ret'd, Specially Assigned), JJ. Appellant Smelkinson SYSCO, Inc. (SYSCO), asks us to enforce the stipulated damages provision of a Settlement Agreement and General Release that the...

Bryant v. State - 6/1/2005
Hollander, Krauser, Moylan, Jr., Charles E. (Retired, Specially Assigned) JJ. Michael Jerome Bryant, appellant, was convicted by a jury sitting in the Circuit Court for Montgomery County of first degree premeditated murder,...

Owens-Illinois - 6/1/2005
In the Circuit Court for Baltimore City, Harry Hunter and his wife Barbara Hunter sued Owens-Illinois, Inc., alleging that the company was responsible for Mr. Hunter's development of mesothelioma after he was exposed to asbestos...

Manor Country Club v. Flaa - 5/18/2005
Bell, C. J. Raker Wilner Cathell Harrell Battaglia Eldridge, John C. (Retired, Specially Assigned), JJ. Bell, C.J. dissents After some twelve years of extensive litigation, the appeal now before us seeks to determine the...

Consumer Protection Division v. Morgan - 5/13/2005
Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene, JJ. This case began as an enforcement action brought by appellant, Consumer Protection Division of the Office of the Maryland Attorney General ("Division"), under the...

Johnson v. Mayor and City Council of Baltimore City - 5/12/2005
Bell, C.J Raker Wilner Cathell Harrell Battaglia Greene, JJ. Battaglia, J., Dissents The Legislature is often faced with balancing opposing interests and making difficult choices. This case discusses some of the lines drawn...

Darden v. Mass Transit Administration - 5/4/2005
In the context of Workers' Compensation law, a subsequent injury on the heels of a prior partial disability sometimes creates the arithmetic anomaly of the whole being greater than the sum of its parts. In this appeal, that anomaly...

Benjamin v. Union Carbide Corp. - 5/3/2005
On March 20, 2003, Elsie L. Benjamin, appellant, as surviving spouse and on behalf of Robert L. Benjamin II and Carol Jeffers, surviving children of Robert L. Benjamin, Sr., and as personal representative of the estate of Robert L....

Owens-Illinois - 4/26/2005
Having granted the petition, filed by the petitioner, Owens-Illinois, and the cross-petition, see Owens-Illinois v. Cook, 374 Md. 82, 821 A.2d 370 (2003), filed by the respondents, John A. and Shirley Gianotti, for writ of certiorari,...

Attorney Grievance Commission of Maryland v. Mitchell - 4/15/2005
The Attorney Grievance Commission of Maryland (the "Commission"), through Bar Counsel and pursuant to Maryland Rule 16-751, as a result of two complaints received with respect to Wayne M. Mitchell, the respondent, filed against him a...

Attorney Grievance Commission v. Zuckerman - 4/13/2005
Harrell, J. dissents The Attorney Grievance Commission of Maryland ("Petitioner" or "Bar Counsel"), acting through Bar Counsel and pursuant to Maryland Rule 16-751(a), filed a petition for disciplinary or remedial action against...

Attorney Grievance Commission of Maryland v. Prichard - 4/11/2005
The Attorney Grievance Commission of Maryland (the "Commission"), through Bar Counsel and pursuant to Maryland Rule 16-751, filed against James L. Prichard, the respondent, a Petition for Disciplinary or Remedial Action, in which it...

Bienkowski v. Brooks - 4/11/2005
Article IV, § 22, of the Maryland Constitution grants, with some exceptions, a right of appeal from a decision by a circuit court to a three-judge "court in banc." The court "in banc is established and functions `as a separate...

Rios v. Montgomery County - 4/7/2005
This case arises under the 180-day notice provision of the Local Government Tort Claims Act [hereinafter "LGTCA"], Md. Code (1987, 2002 Repl. Vol., 2004 Cum. Supp.), § 5-304 of the Courts and Judicial Proceedings Article. We have been...

Smith v. Lead Industries Association - 4/4/2005
This is essentially a tort-based product liability case involving, among other causes of action, allegations of fraudulent and negligent misrepresentation and failure to warn of hazards associated with either the product itself or the...

Rhea v. Burt - 4/1/2005
This appeal from the Circuit Court for Calvert County arises out of an automobile accident that occurred on November 2, 1999. On October 10, 2002, David Rhea and Valerie Rupert, appellants, filed a Complaint in which they asserted...

Afamefune v. Suburban Hospital - 3/17/2005
We granted certiorari in this case to decide whether the Maryland Health Care Malpractice Claims Act, Maryland Code (1974, 2002 Repl. Vol.) §§ 3-2A-01 through 3-2A-09 of the Courts and Judicial Proceedings Article ("the Act") applies...

Attorney Grievance Commission of Maryland v. James - 3/16/2005
The Attorney Grievance Commission of Maryland ("Petitioner" or "Bar Counsel"), acting through Bar Counsel and pursuant to Maryland Rule 16-751(a), filed a petition for disciplinary or remedial action against respondent, Charles M....

Hart v. Shastri Narayan Swaroop - 3/14/2005
This case arises from a claim sounding in tort brought by firefighter Jonathan D. Hart and his wife, Sarina Hart, petitioners, in the Circuit Court for Baltimore County, against Shastri Narayan Swaroop, Inc., respondent, the owner and...

Polakoff v. Turner - 3/11/2005
Raker and Wilner, JJ., Dissent On October 30, 2002, a jury in Baltimore City found Lawrence Polakoff ("Polakoff") and Chase Management ("Chase") negligent in the lead-paint poisoning of Jasmine Turner ("Jasmine"), a minor who...

Marshall v. University of Maryland Medical System Corp. - 2/28/2005
Appellant, Terry Marshall, challenges the grant of summary judgment to appellee, the University of Maryland Medical System Corporation ("the University"), by the Circuit Court for Baltimore County during a review of a Maryland Workers'...

Moore v. Myers - 2/25/2005
Twelve-year-old Monica Graham was struck by a car in Prince George's County while fleeing a neighbor's advancing pit bull. The dog was, at that time, both unleashed and unconfined, in violation of Prince George's County law. ...

Wilson v. John Crane - 2/10/2005
This case raises questions relating to the discretion of a trial court when a defendant corporation in asbestos litigation seeks the withdrawal or amendment of admissions that were conclusively established due to that defendant's...

Attorney Grievance Commission v. Ellison - 2/4/2005
This attorney conduct matter arises out of the on-again / off-again / on-again legal representation of John P. Moody in a personal injury claim and the assignment of recovery proceeds from that claim to one Avraham Strulson, a physical...

Board of Education for Montgomery County - 1/31/2005
When, If Ever, Is the Past Prologue? There is first the administrative appeal; and, then, there is the administrative appeal plus. An appeal to the circuit court from a decision of the Workers' Compensation Commission is, not...

Kelly v. Baltimore County - 1/31/2005
William A. Kelly, III, appeals from a judgment of the Circuit Court for Baltimore County that granted summary judgment in favor of his employer, Baltimore County ("the County"), and reversed a decision by the Maryland Workers'...

Dehn v. Edgecombe - 1/14/2005
Eldridge, J., joins in the judgment only The principal question before this Court is whether Maryland recognizes an independent cause of action in a patient's wife against a doctor who acted negligently while treating her husband...

Pacific Employers Insurance Co. v. Eig - 12/29/2004
This is a dispute between a professional liability insurance company and its insured under a malpractice insurance policy covering the insured for mistakes made in the delivery of his professional services. The appellant and...

Rourke v. Amchem Products - 12/14/2004
Bell, C.J., and Cathell, J., Dissent This case arises from a consolidated settlement of several hundred asbestos-related personal injury and wrongful death actions. The issue before us is whether the dispute that emanated from...

Bowie v. Rose Shanis Financial Services - 12/9/2004
This appeal raises the question of what happens to the ownership of a law suit that once vests in the trustee of a bankruptcy estate after the estate subsequently closes with the law suit yet unpursued. Is ownership in limbo? How, if...

Nelson v. Debbas - 12/8/2004
Argued: September 14, 2004 Medical negligence - Health Care Malpractice Act - Requirement of Certificate of Qualified Expert as condition precedent to maintaining action in circuit court - Certificate was not substantially...

Arrabal v. Crew-Taylor - 12/3/2004
On October 17, 1998, Tracy Crew-Taylor entered Harbor Hospital Center in Baltimore. She was expecting triplets, who were at thirty weeks, two days gestation. Her treating physician, Dr. Pedro P. Arrabal, diagnosed Mrs. Crew-Taylor as...

Montgomery County Board of Education v. Horace Mann Insurance Co. - 11/10/2004
The Circuit Court for Montgomery County determined that the Montgomery County Board of Education was required by law to defend one of its teachers against a tort claim filed by a former student and that it was liable to the private...

Hoon v. Lightolier - 9/15/2004
This is a products liability case by homeowners and their insurer against the manufacturer of a light fixture. The fixture, as one of its component parts, had a safety device that was designed to make the light blink on and off if the...

Salvagno v. Frew - 9/3/2004
Dr. Ralph T. Salvagno, Michael Fitzgerald, and the Altizer-Salvagno Center for Surgery at Robinwood appeal from an order of the Circuit Court for Washington County nullifying and vacating a decision of the Health Claims Arbitration...

McCormack v. Board of Education of Baltimore County - 9/2/2004
Four-year-old Ryan McCormack was riding home on a school bus, when the bus crossed the center line of the road, striking first an oncoming vehicle and then a utility pole and a tree. Upon colliding with the front porch of a nearby...

Collins v. Li - 9/2/2004
These cross appeals, from the Circuit Court for Montgomery County, arise out of several claims and counter claims, resulting from a tragic residential fire that took the lives of two children and catastrophically injured a third child....

Crespo v. Topi - 12/29/2003
Crystal Crespo ("Crespo") appeals from an order of the Circuit Court for Baltimore County, dismissing one count of her complaint for failure to state a claim. On appeal, Crespo asks one question that we have reworded: Did the...

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