Justia Maryland Supreme Court Opinion Summaries

Articles Posted in Personal Injury
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The City of Baltimore contracted with Engineer to design upgrades to a wastewater treatment plant. Contractor successfully bid for work on the construction project. During construction, Contractor encountered leaking and other problems, resulting in delays and cost overruns. Contractor subsequently filed a complaint against Engineer, arguing that Engineer owed it a tort duty of care because Engineer knew that Contractor would rely on its designs in bidding and constructing the project. The circuit court granted Engineer’s motion to dismiss due to lack of privity between Contractor and Engineer. The court of special appeals affirmed. The Court of Appeals affirmed, holding (1) the economic loss doctrine barred Contractor’s negligence and negligent misrepresentation claims; and (2) privity equivalent concepts of extra-contractual duty did not apply in Contractor’s case. View "Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP" on Justia Law

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Dr. Mark Geier, David Geier, and Anne Geier (collectively, Respondents) filed a complaint against the Maryland Board of Physicians and related individuals (collectively, Petitioners), alleging that Petitioners invaded their privacy by publicizing their private medical information in a cease and desist order that was issued during disciplinary proceedings. During discovery, the circuit court entered three separate orders challenged by Petitioners. The Court of Appeals (1) granted Respondents’ motion to dismiss as it related to the orders denying Petitioners’ motions for reconsideration of a default order on liability for a series of discovery failures and for a protective order from Respondents’ sixth motion to compel documents, holding that the Court did not have appellate jurisdiction of Petitioners’ appeal regarding these interlocutory orders; and (2) reversed and vacated the order granting Respondents’ sixth motion for sanctions against Petitioner regarding the disclosure audiotapes of Petitioner’s disclosures, holding that the circuit court abused its discretion in granting the motion for sanctions. Remanded. View "Maryland Board of Physicians v. Geier" on Justia Law

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Plaintiff filed a complaint against Defendant seeking damages for defamation and false light invasion of privacy. During trial, the circuit court ruled, as a matter of law, that Defendant was entitled to a conditional privilege for the allegedly defamatory statements. The circuit court then instructed the jury that the applicable standard of proof to overcome the conditional privilege was clear and convincing evidence. The jury found in favor of Defendant. The Court of Special Appeals reversed, concluding that the circuit court erred in instructing the jury that the standard of proof in overcoming the conditional privilege was clear and convincing evidence rather than a preponderance of the evidence. Defendant filed a petition for a writ of certiorari, which the Court of Appeals granted. The Supreme Court affirmed, holding that, in a purely private defamation action, an individual asserting a defamation claim must overcome a common law conditional privilege by a preponderance of the evidence. View "Seley-Radtke v. Hosmane" on Justia Law

Posted in: Personal Injury