Recent Appellate Decisions

Sasscer, Clagett & Bucher, the preeminent and oldest law firm in Southern Maryland, has handled thousands of trials and appeals representing injured people throughout Prince George’s, Anne Arundel, Charles, Calvert, and St. Mary’s counties. Recent appellate decisions have the potential to impact legal practice and trials in Southern Maryland. The notes represent the significant civil non-family law decisions from April 2016 to April 2017.

We welcome an opportunity to discuss any of these decisions with an interested party. Contact us today.

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 […]