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Personal Injury

Maryland workers’ comp award no bar to personal injury suit (access required)

Plaintiff may sue for personal injuries arising from an automobile accident in Virginia even though he was awarded workers’ compensation benefits in Maryland. Background Plaintiff and defendant Edwards are both Maryland residents and work for the same Maryland employer. Edwards ...

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Arborist not liable for injuries caused by tree (access required)

Where a family was injured when a tree fell into their yard from a conservation easement maintained by a homeowners’ association, an arborist the association hired almost a year earlier to inspect and identify potentially harmful trees owed no duty ...

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Experts may testify about lost earnings at damages trial (access required)

Experts’ conclusions about the lost earning capacity of a woman injured in a motor vehicle accident were not based on an unfounded assumption of full-time employment, or “entirely upon statistics and assumptions.” The defendants can cross examine the experts about ...

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Fictional TV dialogue struck from wrongful death complaint (access required)

Where immaterial and impertinent fictional dialogue from a television program depicting police misconduct could cause confusion between fictional events and the real facts and claims, the dialogue was stricken from the complaint as it could prejudice police officer defendants in ...

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Insurer had no duty under policy rescinded before accident (access required)

Where the automobile policy was effectively rescinded because the insured failed to pay the policy premium and ignored follow-up letters, the carrier had no duty with respect to a subsequent car accident. Background Plaintiff sought a declaration that it does ...

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