Worsham v. Greenfield, 2013 Md. LEXIS 823, No. 139, Sept. Term, 2009 (October 23, 2013) In this long-awaited decision, the Court of Appeals of Maryland ruled that, pursuant to Maryland Rule 1-341, litigation costs may be awarded to a defendant who is forced to defend itself against claims brought without substantial justification, even if the actual costs of the defense were paid for …
S&S Oil, Inc. v. Jackson
In this case, the Court of Appeals re-affirmed that the defenses of assumption of risk and contributory negligence are separate and distinct and usually require separate questions on a special verdict form. In doing so, the Court reversed a decision of the Court of Special Appeals that had affirmed a trial court’s decision to withhold from the verdict sheet a question …
Warr v. JMGM Group, LLC
Warr v. JMGM Group, LLC, 433 Md. 170, 70 A.3d 347 (2013) The Maryland Court of Appeals has again decided that Maryland does not recognize dram shop liability. However, in this case, the basis for the Court’s decision was not a lack of proximate cause, but it was the absence of duty on the part of the tavern to prevent harm …
Court of Special Appeals upholds defense verdict for McCarthy Wilson and Church of Christ, holding that Hurricane Ivan was an “unpredictable force of nature” in Jackson v. Church of Christ.
McCarthy Wilson was privileged to represent the Church of Christ in an action that began in the Circuit Court for Cecil County and, ultimately, appealed to the Court of Special Appeals. The facts and results of the matter are stated below. Betty Kline, Harry Kline, her husband, and Grace Jackson, her mother, rented a parsonage from the Church of Christ …