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Volume 48, No. 3
April 2005

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Dog Attacks • FDCPA • Snow Skiing
Spotlight	Updates	Abstract Sets Injury Collections
Recent Cases: Admiralty \| Attorneys \| Automobile Accidents \| Aviation \| Civil Rights \| Commercial Litigation Consumer Protection \| Damages \| Employment Law \| Evidence \| Family Law Government Liability \| Insurance \| Intentional Torts \| Medical Negligence \| Negligence Practice & Procedure \| Premises \| Products Liability \| Professional Negligence Railroads \| Schools \| Toxic Torts \| Utilities \| Workplace Safety
Admiralty Excessive speed, failure to keep proper lookout where freediver hit by boat back to top Attorneys Discharged attorney was entitled to quantum meruit compensation from successor back to top Automobile Accidents Inattentive driving Failure to heed stop sign Excessive speed, negligent hiring Negligent evaluation, training of garbage truck driver Failure to keep proper lookout back to top Aviation Claims for damages allegedly caused by flight’s cancellation may go forward back to top Civil Rights Citizens with disabilities may sue city for failing to make sidewalks accessible Deprivation of civil rights where man murdered by police officer Conviction for obstructing police does not bar excessive force claim back to top Commercial Litigation Breach of contract, good faith where founder forced out of company Tort suit for negligent services not barred by economic loss doctrine Manufacturer refuses to pay sales commission back to top Consumer Protection Casino refuses to pay jackpot Where borrower claims contract is void, arbitration cannot be compelled until court determines legality back to top Damages Plaintiff can recover for both cost of repairs and residual diminution in property’s value after repairs back to top Employment Law Speech or Debate Clause does not bar discrimination suit where official legislative business is not involved City, fire chiefs discriminate against African American firefighters Radiologists demoted after expressing concern about patient care Title VII violations where female employees not promoted or compensated fairly back to top Evidence Plaintiff can introduce state OSHA provisions to establish negligence in case against third party back to top Family Law Imputing retained earnings of S corporation as income in child support calculations is improper Child welfare board may not bar homosexuals from becoming foster parents back to top Government Liability Procedural due process violations in property condemnation Dangerous condition of guardrail back to top Insurance Policy’s exclusions provision does not exclude coverage for medically necessary gastric bypass surgery back to top Intentional Torts First Amendment does not require adoption of neutral reportage privilege in defamation suits back to top Medical Negligence Failure to timely diagnose, treat intracranial brain swelling Negligent insertion of IV line Failure to timely diagnose, treat pulmonary embolism Improper treatment of neuroleptic malignant syndrome Negligent brachioplasty Late response to uterine hyperstimulation Improper treatment of postpartum hemorrhage back to top Negligence Teen dies from hyperthermia during camp hike Skier hits snow groomer ascending ski slope Failure to secure loads where driver hit by steel plate Negligent maintenance of brakes back to top Practice & Procedure Dismissal based on forum non conveniens improper back to top Premises Computer repairman bitten by dog Failure to provide acceleration lane where car causes collision Apartment ceiling falls on woman back to top Products Liability Economic loss rule does not bar fraud claims where tortious conduct was independent of contract breach Failure to warn of danger of gel candy Plaintiffs’ expert permissibly relied on “reasoning to the best inference” to establish causation Failure to warn of danger of Pondimin, Redux Improper modification of meat press machine Manufacturer of blood-salvaging machine was not entitled to summary judgment on warning claim Lack of brake transmission shift interlock Trial court erred in permitting defense expert to offer “lay” testimony where it constituted expert testimony back to top Professional Negligence Maryland Uniform Fiduciaries Act violation Negligent supervision of priests who sexually abused minors Improper blood pressure monitoring Negligent administration of local anesthetic Sexual assault of patient with alcoholism Client’s professional negligence claim accrued when underlying products liability case was settled Resident’s daughter who signed admissions form as “responsible party” not forced to arbitrate claims back to top Railroads Violations of foul time regulations FELA violations back to top Schools Negligent design, maintenance of swinging doors Failure to control altercation back to top Toxic Torts There are no cases in this issue. back to top Utilities Failure to follow clearance standards back to top Workplace Safety Failure to use safety cable Consumption of alcohol at convention is within course and scope of employment Negligent instruction to chase where clerk run over by shoplifter’s car back to top

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