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.
The parents of a boy born in 2010 with cerebral palsy and other serious disabilities will urge Maryland’s top court to reinstate a $28.3 million medical malpractice verdict against the Johns Hopkins Hospital, the family’s lawyer said.
The Florida Supreme Court ruled yesterday that a U.S. citizen who was sexually assaulted by a masseur at a Cancun resort could not be forced to litigate negligence claims against her timeshare promoters in Mexico court.
The liability of a snowboarder for a fatal collision with a skier is determined by the common law recklessness standard rather than the statutory negligence standard of care governing ski resorts, the New Jersey Supreme Court has ruled.
A car buyer injured by spontaneously deploying airbags could not hold the seller liable under the doctrine of res ipsa loquitur, the Rhode Island Supreme Court has ruled in affirming a summary judgment.
A Pennsylvania court ruled earlier this month that State Farm had a duty to defend a 71-year-old homeowner sued for shooting a houseguest he mistook for an intruder.
The Pennsylvania Superior Court concluded that the fact the homeowner, James DeCoster, had a blood alcohol level of .187 when he pulled the trigger may mean that an intentional injury exclusion in State Farm’s policy does not bar coverage of the lawsuit.
A business owner could not be sued for the death of a neighbor who was shot in an attempt to stop a robbery of his business, the New Jersey Supreme Court has ruled.
The “open and obvious danger” rule does not apply to preclude a finding of negligence in a premises liability action filed by a tenant who was injured when he unsuccessfully attempted to flip into an inflatable pool from a trampoline, Massachusetts’ highest court has ruled in reversing a defense verdict.
A doctor treating a patient for an inoperable brain tumor did not owe a duty of care to a third party injured when the patient suffered a grand mal seizure while driving, Massachusetts’ highest court has ruled in affirming summary judgment.
A ski resort could enforce a release of liability signed by a parent before her disabled child was injured in a ski accident, the 10th U.S. Circuit Court of Appeals has ruled in affirming a summary judgment.