Entries by Sasscer, Clagett & Bucher

Is it a defense in a medical malpractice case to show that subsequent providers were negligent and caused the injury?

Copsey v. Park, 228 Md. App. 107, 137 A.3d 299 (2016), cert. granted, 449 Md. 408, 144 A.3d 704 (2016) ____________________________ NOTES Negligence, Superseding causation: In the plaintiffs’ medical malpractice action asserting that the defendant physician negligently misread the decedent’s MRI/MRA brain exam six days before the decedent suffered a fatal stroke, the circuit court […]

Social host liability: Is the Violation of a Statute Prohibiting The Knowing and Willful of Allowing Minors to Possess or Consume Alcohol Actionable in Negligence?

Kiriakos v. Phillips, 448 Md. 440, 139 A.3d 1006 (2016). NOTES CR § 10-117(b), which contains exceptions not pertinent to the cases before us, states that “an adult may not knowingly and willfully allow an individual under the age  of 21 years actually to possess or consume an alcoholic beverage at a residence, or within […]

Can a nursing home arbitration agreement compel wrongful death beneficiaries to arbitrate?

FutureCare Northpoint, LLC v. Peeler, 229 Md. App. 108; 143 A.3d 191(2016) _____________________________ NOTES   Contract Law, Arbitration agreement: In a wrongful death action brought by the daughter of a woman who died while residing in a nursing facility, the circuit court properly denied the nursing facility’s motion to compel arbitration, which was based on […]

What is the difference between a release and a covenant not to sue or a covenant never to sue?

What is the difference between a release and a covenant not to sue or a covenant never to sue? Kaye v. Wilson-Gaskins, 227 Md. App. 660, 135 A.3d 892, cert. denied, 449 Md. 420, 144 A.3d 710 (2016): ____________________________ NOTES Kaye represents in wrongful termination suit.  Obtains $1.4M verdict.  Client disputes entitlement to attorney’s fees.  […]