By Cory Bilton Case: Espina v. Jackson Court: Maryland Court of Appeals Date of Decision: 3/30/15 Appellate Panel: Barbara, Harrell, Greene, Adkins, McDonald, Watts, McAuliffe Facts: Prince George’s County police officer shot and killed plaintiff. Jury returned $11 million verdict for plaintiff’s family finding officer violated plaintiff’s state constitutional rights, assaulted and battered him, and wrongfully killed him.
Case Law Dispatch: Toomer v. William C. Smith & Co.
By Cory Bilton Case: Toomer v. William C. Smith & Co. Court: DC Court of Appeals Date of Decision: 3/26/15 Appellate Panel: Fisher, Beckwith, and King Trial Judge: Epstein Facts: Plaintiff was injured climbing a fence, which was intentionally coated in grease, while trying to retrieve his dog.
Great Idea: Using Social Media or Online Forums to Warn of Defects and Dangerous Conditions
By Cory Bilton “We didn’t know it was dangerous.” This is the response you will get in almost every case involving a dangerous product or hazardous condition that causes someone to be injured. Whether we are talking about faulty ignition switches, contaminated spinach, or uneven pavement, the initial response is nearly always that the danger was not known. Without knowledge …
Case Law Dispatch: Sullivan v. AboveNet Communications
By Cory Bilton Case Law Dispatches With Washington, DC, Virginia, and Maryland so close in proximity, nearly every personal injury case in our area involves standards and laws from more than one jurisdiction. To help the legal community notice emerging decisions, Case Law Dispatches provide a very brief snapshot of specific appellate decisions that impact personal injury law in the …
Interview with Appellate Lawyer John Vail
By Cory Bilton Last fall, I had the good fortune to meet John Vail. John’s legal career has covered a lot of territory. He has managed community legal services programs, testified before Congress on federal procedure, and lectured at esteemed law schools (such as my alma mater, George Washington University). But for most of this century, John’s practice has focused …
A Personal Injury Lawyer Walks in His Client’s Shoes: Part 2 – A Doctor’s Visit
By Cory Bilton In mid December, I injured my arm while I slept. I’m sharing my experience getting medical treatment, going to physical therapy, and working to regain function in my left arm and hand. You can read the first part of my experience here. In the weeks after I injured my left arm, I continued to experience constant pain …
Will the Supreme Court End Confusion Caused by Empire v. McVeigh?
By Cory Bilton While the nation looks to the Supreme Court to take a stand on historic social issues, some personal injury attorneys are hopeful that the Court will take a stand for state laws that protect injury victims from unfair subrogation practices. My interests fall into both categories. For attorneys unaware that an interesting subrogation case is being considered, …
A Personal Injury Lawyer Walks in His Client’s Shoes – Part 1: The Injury
By Cory Bilton In mid-December I woke one morning with severe numbness and tingling in my left arm. Initially, I thought the sensations would quickly subside. Within a few minutes of stretching, some feeling had returned to my left arm. But my pinky and ring finger continued to feel completely numb. In the month since this happened, I have had …
There is Only an “Emergency Stop” Button in Google’s Second Generation Driverless Car
By Cory Bilton In case you haven’t been following along, Google is developing a driverless car. While other groups and researchers are also building autonomous vehicles, Google’s project has created the most buzz by far. Up until recently, Google’s driverless car was a Toyota Prius with various pieces of equipment, sensors and laser radar, mounted on it. Recently, Google unveiled …
Santa Claus Accidents in the Washington DC Area
By Cory Bilton Everything about Santa Claus points to the conclusion that he’s an accident waiting to happen. I’ve only seen him once, about 30 years ago, but I remember he was an older gentleman with poor eyesight. He operates a non-traditional vehicle without proper safety equipment (no headlights, turn signals, or seatbelts). I’m skeptical that Santa has the appropriate …