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Tag Archives: contributory negligence

Jury, not judge, must determine contributory negligence, 4th Circuit says

The 4th U.S. Circuit Court of Appeals, housed at the Lewis F. Powell Jr. U.S. Courthouse in Richmond, xxx (U.S. General Services Administration)

A federal judge wrongfully dismissed a negligence claim against a Baltimore financial adviser on the mistaken belief that the suing family was financially astute and thus contributorily negligent to accept without question the advice that they receive a bequest in ...

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Editorial Advisory Board: Time for lawmakers to act on contributory negligence

The Daily Record lobby. (Staff photo)

Maryland is one of but five United States jurisdictions that adhere to the ancient rule that contributory negligence is an absolute bar to a tort recovery for negligence. The rule has had several challenges in the Court of Appeals of ...

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Md. high court: Stop imputing contributory negligence to car owners

Court of Appeals Judge Robert McDonald, writing for the majority, said Maryland is bound by the Interstate Agreement on Detainers’ call for prisoners to be returned to the state where they are already serving a criminal sentence. (Capital News Service Photo)

Maryland judges will no longer visit the sins of a driver upon the vehicle’s owner with regard to contributory negligence claims, the state’s top court has ruled unanimously in overturning its own precedent that had imputed negligence in such cases.

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Insurers seek brakes on comparative negligence for cyclists

Bruce Bereano, a tobacco lobbyist, stands in front of the Maryland State House in Annapolis. Bereano said he believes states used money from the Master Settlement Agreement with tobacco companies as an opportunity to bring in money instead of placing enough money on tobacco programs. (Capital News Service photo by Erin Serpico)

ANNAPOLIS — Cycling organizations urged legislators Tuesday to establish a comparative negligence standard for when they or pedestrians are struck by vehicles, drawing opposition from insurers, defense attorneys and local governments. Sen. Susan C. Lee, D-Montgomery, proposed a “comparative negligence ...

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Court reinstates verdict, sans $90M award, in teen’s death

A Maryland appeals court has reinstated a jury’s verdict – but not its $90.3 million damages award – for the parents of a 13-year-old girl who was struck and killed by a car six years ago while crossing a four-lane street while trying to reach her school-bus stop in Temple Hills. The Court of Special Appeals said the trial judge was wrong to toss out the jury’s verdict against the Prince George’s County Board of Education based on his erroneous finding that it owed no duty of care to the girl and that her negligent crossing of the street contributed to her death.

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High court will hear Actos failure-to-warn appeal

With more than $1.75 million at stake, Maryland’s top court said it will consider whether a pharmaceutical company should be held financially liable for negligently failing to warn doctors about a drug’s potentially carcinogenic side effect even though the cancer victim contributed to the fatal disease by smoking cigarettes.

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Up in smoke: CSA affirms verdict for drugmaker in Actos litigation

Although a Baltimore jury found Takeda Pharmaceuticals failed to adequately warn about the risks of the diabetes drug Actos, it also found that a man who died of cancer contributed to his own injury by smoking. In Maryland, a finding of contributory negligence means the plaintiff cannot recover any damages.

In the end, Diep An’s years of smoking blocked any chance his widow and three children had of collecting the more than $1.75 million a Baltimore City Circuit Court jury tentatively awarded them last year against a drug company whose diabetes medication was linked to his bladder cancer.

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