Baltimore Personal Injury Law Blog

In Seaborne-Worsley v. Mintiens, 2018 Md. LEXIS 188 (2018) the doctrine of imputed negligence suffers yet another blow

By Catherine Dicksinson of Schlachman, Belsky & Weiner, P.A. posted in Car Accidents on Wednesday, June 20, 2018.

In Seaborne-Worsley v. Mintiens the Court of Appeals of Maryland reexamined the doctrine of imputed negligence as it relates to contributory negligence on the part of an injured owner-passenger. In an acerbic opinion by Judge McDonald, the Court further limited the already withering doctrine's application.

The pertinent facts of the case are as follows: Mrs. Seaborne-Worsley was a passenger in a vehicle operated by her husband, and they were both on their way to pick up a take-out order. Mrs. Seaborne-Worsley was the sole owner of the vehicle. Mr. Worsley drove the vehicle into the parking lot of the restaurant and stopped the vehicle perpendicular to the handicapped parking spaces, outside of the carry out window of the restaurant. Notably, Mr. Worsley did not park his vehicle in a designated parking spot. Mr. Worsley then exited his vehicle and Mrs. Seaborne-Worsley remained in the car in the front passenger seat. As Mrs. Seaborne-Worsley waited in the car, Mr. Mintiens exited the restaurant and entered his vehicle, which was parked in a parking spot. As Mr. Mintiens exited his vehicle he backed his vehicle into the Worsley vehicle, causing injury to Mrs. Seaborne-Worsley.

Baltimore County Jury Awards $500,000 to Plaintiff in Medical Malpractice Case

By Sarah L. Smith of Schlachman, Belsky & Weiner, P.A. posted in Medical Malpractice on Wednesday, July 26, 2017.

On January 11, 2012 the Plaintiff was admitted to St. Joseph's Medical Center for surgery, and stayed at the hospital for several days to recover. Plaintiff claimed that during his stay at the hospital, nurses at St. Joseph's Medical Center did not turn and reposition the Plaintiff to relieve pressure on his skin. By the time the Plaintiff was discharged, he had developed a severe pressure injury, or bed sore, on his back side.

Retired Police Officer recently acquitted by Prince George's County jury in Worker's Compensation Fraud trial

By Attorney Shaun F. Owens of Schlachman, Belsky & Weiner, P.A. posted in Workers' Compensation on Monday, March 21, 2016.

Schlachman, Belsky & Weiner, P.A., is pleased to report that on Tuesday, March 8, a retired Prince George's County Police Officer was found not guilty of felony Worker's Compensation Fraud and felony Theft following a jury trial. The prosecution alleged that, prior to his retirement, the officer had fraudulently attempted to claim worker's compensation benefits for an on-duty incident that never occurred in Prince George's County.

Maryland nursing home falls and resulting injuries

On behalf of Schlachman, Belsky & Weiner, P.A. posted in Medical Malpractice on Thursday, October 8, 2015.

As discussed previously in this blog, serious injuries can be suffered when a traumatic accident occurs suddenly, such as a car accident that brings a high amount of force and energy. However, it is not necessary for these extreme events to occur before Marylanders suffers a serious personal injury.

This is particularly true for elderly Baltimore residents, who may be more susceptible to injury from relatively common events, like a fall, including those who are under the care of others in a nursing home. According to the Centers for Disease Control and Prevention (CDC), there are about 1,800 older adults who die every year because of injuries they suffer from falls in nursing homes. An average nursing home has between 100 and 200 falls each year, with many of them going unreported. In many instances, the same individual suffers multiple falls per year.

Additional risks associated with truck accidents

On behalf of Schlachman, Belsky & Weiner, P.A. posted in Truck Accidents on Wednesday, September 30, 2015.

Considering the amount of cars and drivers on the road in the United States each day, it is not surprising to see or hear a news report about a car accident and its affect on traffic. Due to numerous safety precautions and car technologies geared to minimize the dangers of a car accident, thankfully most accidents are minor and do not lead to significant injuries. The same cannot be said for truck accidents however.

Due to their incredibly large size in relation to a car, victims of a truck accident often suffer from catastrophic or fatal injuries. There are many reasons why trucks are a cause for concern to car drivers on the road.

What kind of damages are available in a wrongful death action?

On behalf of Schlachman, Belsky & Weiner, P.A. posted in Wrongful Death on Wednesday, September 23, 2015.

Baltimore families depend on one another for support of all kinds. Throughout the years, families ideally grow closer together, which can make it all the more difficult when tragedy strikes and a family member is lost.

When a family member is killed because of someone else's negligence, the surviving family members may have a cause of action for wrongful death they can bring against the person responsible for the death. The wrongful death claim is typically based on negligence, meaning the person responsible can be held liable when he or she violated a duty of care that was owed to the deceased person.

Automatic braking systems to be installed in new cars

On behalf of Schlachman, Belsky & Weiner, P.A. posted in Car Accidents on Wednesday, September 16, 2015.

The advances in technology have been amazing to watch over the past few years. New cars, for instance, come equipped with features that would have been unimaginable just five years ago for many Baltimore residents. These new features continue to be added with each new model, which enhances a vehicle's convenience, luxury and safety.

Automakers recently took another step toward increasing these features by making a commitment to include automatic emergency braking in all new cars. Transportation officials believe the step, which was taken by 10 car manufacturers, could have a big impact on reducing injuries and fatalities suffered in a car accident.

School returns, and so does the possibility of bus accidents

On behalf of Schlachman, Belsky & Weiner, P.A. posted in Child Injury on Thursday, September 10, 2015.

After a quick summer, Baltimore children are heading back to school for another year of fun and learning. Many will be taking the bus to get to school, which can bring its own experiences each morning. It can also result in bus accident injuries for children when things go wrong.

The thought of a child being injured in a bus accident is terrifying for Baltimore parents. But it is all too real for those who experience these incidents.

Anyone can be a negligent driver in a car crash

On behalf of Schlachman, Belsky & Weiner, P.A. posted in Car Accidents on Wednesday, September 2, 2015.

There are many statistics and studies about the safety of different groups of Baltimore drivers. Certain groups of drivers may be more likely to be at fault in a car crash, while other groups may be more likely to be more likely to suffer injuries in an accident

Do older drivers face higher risks in car accidents?

On behalf of Schlachman, Belsky & Weiner, P.A. posted in Car Accidents on Wednesday, August 26, 2015.

Everybody is different, and these differences are to be celebrated among Baltimore residents. And yet, no matter how different individuals may be from one another, there are certain events that can make individuals come together or sympathize with one another.

When a person is injured in an auto accident, the injuries take center stage, as opposed to any differences one injured person may have from another. For example, while one person may suffer from a certain medical condition that another does not have, both persons are entitled to damages if they are injured in a car accident because of another person's negligence.