negligence Archives - Ferguson, Schetelich, Ballew, P.A.

February 12, 2018

Firm News: Schetelich Receives “Top 100 Attorneys” Award, and More

Ferguson, Schetelich & Ballew is pleased to congratulate Firm Principal Thomas Schetelich for being recognized as one of Maryland’s Top 100 Attorneys based on lifetime legal achievement. The award is based on peer nomination and independent research focusing on professional experience, significant case results, client satisfaction, and public service. Mr. Schetelich was honored for his work in business law and business litigation. Earlier in the month, Mr. Schetelich, along with Firm Principal Jocelyn Szymanowski, were invited by the Child Evangelism Fellowship to present at their annual training for staff and volunteers. Mr. Schetelich and Ms. Szymanowski discussed the recent cases…

August 1, 2016

Dissociative Amnesia Does Not Toll the Statute of Limitations

Note to reader: This blog does not name any of the parties in the lawsuit, even though the reported opinion does. During a hospitalization in January, 2014 at an inpatient trauma disorders unit for depression and suicidal ideation, R.A. remembered the sexual abuse she suffered at the hands of her father during her childhood, which was between 29 to 47 years earlier. This, in turn, triggered a similar reaction in R.A.’s two sisters, both of whom also allege that they were sexually abused as children by their father. In February, 2014, the three sisters reported the alleged sexual abuse to…

July 13, 2016

Maryland Court of Appeals Creates a New Cause of Action Against Adults Who Allow Underage Drinking

The Court of Appeals has broken new ground in Maryland law, holding that parents or other adults who "knowingly and willfully" host an underage drinking party can be held civilly liable for death or injury caused by an intoxicated attendee. The case is Kirakos v. Phillips, decided on July 5, 2016. The ruling is the first time the Court has recognized the potential liability of party hosts for alcohol-related harm caused by their guests under the legal drinking age of 21. The unanimous Court based the landmark decision on Maryland Code CR §10-117(b), the criminal statute that makes it illegal…

April 15, 2016

Recent Strict Liability Case Contains Important Lesson for Parties and Practitioners

In early March 2016, a small-town dispute reached the Maryland Court of Appeals and somewhat surprisingly garnered coverage in several prominent local publications, including The Frederick News Post,[1] The Daily Record,[2] and The Washington Post.[3] In Toms v. Calvary Assembly of God, Inc., Mr. Toms, a dairy farmer in Walkersville, Maryland, sued the Calvary Assembly of God (“the Church”), alleging that the noise from the Church’s fireworks display on an adjacent farm caused Mr. Toms’s cows to stampede. In the stampede, several of Mr. Toms’s cows sustained injuries, and some died. After Mr. Toms lost in both the District Court…

October 30, 2015

When is Evidence of Liability Insurance Admissible Under Maryland Law?

It is well established under Maryland law that, typically, evidence of liability insurance is not admissible to determine whether a party is negligent. Such evidence is highly prejudicial and irrelevant to the issue of a defendant’s liability. See Maryland Rule 5-411 and Accord Morris v. Weddington, 320 Md. 674 (1990). However, a 2015, opinion from the Maryland Court of Special Appeals provides an interesting analysis and holding regarding the use of liability insurance evidence where the issue in question is an employer’s negligent hiring of an allegedly negligent employee, potentially opening the door for admissibility of liability insurance under certain…

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