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Date: 12-22-2023

Case Style:

Scott P. Barrett v. Michael A. Daly

Case Number: 1:22-cv-02194

Judge: Adam B. Abelson

Court: United States District Court for the District of Baltimore (Baltimore County)

Plaintiff's Attorney:



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Defendant's Attorney: David A Skomba and Ellen Renee Stewart

Description: Baltimore, Maryland personal injury car wreck lawyer represented the Plaintiff who sued the Defendant on an auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of an auto accident caused by Daly's failure to exercise due care in the operation of his vehicle.

Maryland's auto negligence law.

Contributory negligence: Maryland adheres to a strict contributory negligence rule. This means if you were even slightly at fault for the accident, you are barred from recovering any damages from the other driver, even if they were mostly or entirely to blame.
Burden of proof: As in Virginia, the burden of proof lies with you to demonstrate the other driver's negligence and its connection to your injuries.
Damages: If you can prove the other driver's negligence and were not contributorily negligent, you may be entitled to various damages, including:
Medical expenses: Past and future medical treatment costs related to the accident.
Lost wages: Compensation for income lost due to the accident and your recovery.
Pain and suffering: Compensation for physical and emotional pain caused by the accident.
Property damage: Costs to repair or replace your vehicle or other damaged property.

Exceptions to contributory negligence:

There are a few exceptions to the harsh contributory negligence rule in Maryland:

Last clear chance: If the other driver had the "last clear chance" to avoid the accident but failed to do so, you may still be able to recover damages even if you were contributorily negligent.
Sudden emergency: If you were faced with a sudden emergency and acted reasonably under the circumstances, your contributory negligence may be excused.
Intentional conduct: If the other driver's conduct was intentional or reckless, you may still be able to recover damages regardless of your own negligence.

Seeking legal help:

Due to the complexities of Maryland's auto negligence laws and the high stakes involved, consulting with an experienced personal injury attorney is highly recommended if you have been in an accident. An attorney can advise you of your rights, help you gather evidence, navigate the legal process, negotiate with insurance companies, and represent you in court if necessary.

Outcome: Request for a settlement conference.

Plaintiff's Experts:

Defendant's Experts:

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