Long before the Civil War, the high court of Maryland instituted the doctrine of contributory negligence. On Tuesday, the current high court of Maryland said that if anyone is going to change that rule – which bars any chance of recovering damages in a lawsuit if the victim in any way, to any degree, contributed to his or her own injury – the decision must come from the legislature.
A medical malpractice defendant could introduce evidence to show that the plaintiff’s post-treatment conduct was the sole proximate cause of her injuries, the Connecticut Court of Appeals has ruled in affirming a defense verdict.
Calling it both the worst case he has seen as a trial lawyer and one of the easiest cases he has tried, Shanin Specter won a $109 million jury verdict for the family of a woman killed when a power line fell and electrocuted her.
The family of a 24-year-old woman killed in a traffic accident in Baltimore in 2010 was awarded $760,000 by a city jury.
A plaintiff’s underlying negligence can be considered in determining damages in a product liability case challenging the “crashworthiness” of a sports utility vehicle, the Indiana Supreme Court has ruled in answering a certified question from a U.S. District Court.
Accounting firms sued for malpractice were not entitled to a jury instruction on contributory negligence, the Missouri Supreme Court has ruled in reversing a defense verdict.
Defendants in a jail suicide case could not avoid liability by asserting contributory negligence and assumption of the risk, the Washington Supreme Court has ruled in granting a new trial.
A rebuttable presumption exists that children between the ages of seven and 14 are incapable of contributory negligence in a personal injury case, the Indiana Supreme Court has ruled in affirming a wrongful death verdict.