Summer 2014
When a General Release Isn’t General
By Anne M. McGinley
The Court of Appeals of Maryland recently held in Brethren Mutual Ins. Co. v. Buckley that pursuant to Section 19-511(e) of the Insurance Article, a tort victim may execute a boilerplate, general release with the tortfeasor’s liability insurer without prejudicing the tort victim’s claim under her uninsured motorist policy. In…
Recent Developments - Maryland
Shannon et al. v. Fusco et al.
Plaintiff, a patient, filed suit alleging that the Defendants, one of whom was a doctor, failed to obtain informed consent for the administration of radiation therapy and a drug, Amifostine, which protects against the harmful effects of chemotherapy. Plaintiff alleged that the doctor owed him “a clear and adequate explanation…
Gravette v. Visual Aids Electronics, et al.
Claimant, at the time of his injury, was an employee of Visual Aids Electronics. Visual Aids Electronics is in the business of providing certain audio visual equipment and technical staff to set up and service said equipment to hotels and convention centers. At the time of his injury, Claimant was…
Blackburn L.P. d/b/a Country Place Apartments, et al. v. Paul
Plaintiff, the mother of a three year old boy who nearly drowned in an apartment complex swimming pool, filed suit against the owner of the complex, the property management company of the complex, and the company which operated the pool alleging negligence and negligence per se in the boy’s near drowning. The…
Recent Developments - Virginia
Simpson, an Infant v. Roberts
A minor plaintiff, through her parent, brought a medical malpractice suit against a doctor who performed an amniocentesis on her while she was still in utero. The plaintiff contended that the Virginia Medical Malpractice Act did not apply to her case as she was not a “patient” of the doctor at…
The Byrd Theatre Foundation v. Barnett
The Virginia Supreme Court recently held that a volunteer could sue a nonprofit corporation for his personal injuries. The facts of the case involved a man’s claim for injuries against a national historic landmark theater in Richmond, Virginia relating to an injury he suffered while repairing an organ in the…
Selective Ins. Co. v. Bratton, Adm’r (Dorsey)
Recently, the Roanoke County Circuit Court was asked to determine whether the estate of a dump truck driver could recover underinsured motorist coverage from a paving company’s carrier. The facts of the case involved a dump truck driver who had left his truck to check on an asphalt spill in…
Recent Developments - District of Columbia
Shell v. Rock Creek Nursing Center, Inc.
In Shell v. Rock Creek Nursing Center, Inc., the plaintiff suffered a serious injury while she was a resident at the long-term care facility, Rock Creek Manor. As a result of that injury, the plaintiff spent several days at the hospital, during which time she accrued nearly $60,000 in medical bills.…
Hubb v. State Farm
In Hubb v. State Farm, Plaintiff was involved in an accident in which he was rear-ended by the Defendant. At the time of the accident, Plaintiff had a policy with State Farm and subsequently made a claim under PIP for nearly $26,000. Plaintiff’s policy stated that, should he recover from another…
D.C. Superior Court Releases Verdict Statistics
The D.C. Superior Court recently released its statistics for jury verdicts in cases that dealt with slip and falls, auto accidents, and medical malpractice. The following is a chart that includes the relevant statistics collected by the Court. Type of CasesTotal Jury Trials Resulting in VerdictsVerdicts for PlaintiffVerdicts for DefendantLowest…
About the Firm
About the Firm
DeCaro Doran is very pleased to announce that Cynthia M. Wiesz and Jennifer Simpson Lancaster have joined the firm as Associate Attorneys. Cynthia Weisz was born on Long Island, New York, and raised in North Miami Beach, Florida. She graduated from University of South Florida in 1992 with a B.A. in Mass Communications, and subsequently,…