The Injury Litigation Blog

Facts and Opinions.
Feel free to disregard the opinions.

Baltimore Lead Paint Cases Restored

By Byron Warnken

The Court of Appeals of Maryland has reinstated multiple lead paint cases, according to the MD Daily Record.  The cases are both from Baltimore City.

Court cases often need to be proved through expert testimony.  On one hand, if something is obvious, you don’t need an expert to say so.  Let’s suppose a ceiling fell on someone.  Now suppose there is a serious head injury involved.  You do not need an expert to tell you a ceiling falling on someone’s head could cause a head injury.  However, let’s also suppose there is serious brain injury involved and the injured person is also a boxer.  The injured Ali claims the brain injury is from the ceiling, the landlord being sued claims the brain injury is from the boxing.  That sounds like a battle of the experts to me.

The lead paint cases at issue here are about expert testimony.  The Court of Appeals decision says the evidence about where lead paint exposure comes from can be proven without expert testimony.  Kid eats stairs.  Stairs are painted with lead paint.  If you can prove these facts, you don’t need an expert to also say that’s where the exposure came from.

On an only somewhat related note, I have been hearing about lead paint cases for years.  It almost always involved a kid eating a toy or the windowsill or a railing or something.  I always thought: Who eats a railing?  What kind of parents are these?  Six months ago, I had a son.  Now I understand.  Kids put anything in their mouth.  It’s disgusting and near impossible to fully stop.  You don’t have to be a jury expert to know that lead paint lawyers need at least one parent on the jury.

Both cases here involve attorneys Peter T Nicholl and Bruce Powell, also of Peter Nicholl’s office.  Sawyer v. Lebovits lists only them.  The other case, Wallace, in addition to Nicholl and Powell, also lists Steve Lubar, David Owens, and Evan Goldman.

Not many lawyers in Maryland specialize in lead paint.  We list less than 40 MD lawyers with cases listed as lead paint.  See the full list of Maryland Lead Paint lawyers here.

Lead paint, of course, has largely been resolved moving forward.  Paint with lead in it is now illegal.  However, as always, litigation takes a long time to clean up.

No Immunity: TransCare Case in Court of Appeals

By Byron Warnken

According to Maryland’s Daily Record, a new Court of Appeals case has been decided involving immunity.  Karen Murray’s lawsuit claimed her son had suffered permanent brain injuries as a result of a flight between two hospitals.  However, a Talbot County judge dismissed the suit, saying that TransCare (see possible defendants named TransCare here) was entitled […]

Will Tough Mudder Death Lead to a Lawsuit?

By Byron Warnken

One can never be sure whether an incident will lead to a lawsuit, but my speculation in this case is yes, there will be a lawsuit against Tough Mudder. Tough Mudder is a company creating races that involve obstacles.  At a race this past weekend in West Virginia, a 28 year-old Ellicott Coty man jumped […]

Do Dogbite Lawyers Stand to Benefit?

By Byron Warnken

The Baltimore Sun recently ran an opinion piece about the intersection of plaintiffs’ lawyers and politicians.  The piece, which can be found here, made some interesting observations. First some background: The Court of Appeals of Maryland, in 2012, ruled that pitbulls are inherently dangerous.  In essence, this means a bite by a pitbull will result […]

The Peter Angelos and Joe Biden Connection

By Byron Warnken

I was in attendance last night at the opening of University of Baltimore’s new law school building, The John and Frances Angelos law center.  The building is incredible, an impressive display of ultra modern architecture.  The festivities were equally impressive.  As correctly stated by the Washington Post, Vice President Joe Biden and Maryland Governor Martin […]

Maryland Workers’ Comp Commission Closed

By Byron Warnken

One of the Maryland workers’ compensation Commissioners had a death in the family.  The Commissioner’s mother passed away.  I do not want to be unsympathetic to that fact.  I still have my mother with me and it’s something for which I’m grateful.  I feel for the Commissioner at issue during this difficult time. That said, […]

St. Joe’s Lawsuits

By Byron Warnken

The Baltimore Business Journal recently reported some details of the UMMS St. Joe’s purchase.  Largely because of lawsuits against St. Joseph Medical Center, the deal was done as an assets only transaction.  The facilities were sold, among other things.  However, University of Maryland will not be responsible for the host of lawsuits against St. Joe’s, Catholic Health […]

Cardea Settles Howard County Case

By Byron Warnken

James Cardea has settled a Howard County lawsuit, originally filed in late 2011.  The plaintiff was the estate of Jennifer Olenick and the heirs thereto.  The was for medical malpractice.  Because the defendant was an oral surgeon, some might consider the case a dental malpractice matter. Jennifer Olenick went in for routine surgery.  She was […]

Why are Settlements Confidential?

By Byron Warnken

When litigation or potential litigation settles, the details of the settlement are often confidential.  Sometimes, the mere fact of the settlement is confidential.  People often want to know why. The reason, from the party paying to settle the litigation, is simple.  They do not want to expose themselves to future liability in the same or […]