In a wrongful death case and medical negligence action, relied on a case concurrently decided by the Maryland Court of Appeals to exclude at trial any reference to the Physician’s Desk Reference or package insert for a cytoprotective agent used in the course of treatment.
Following an accounting malpractice trial, worked with defense team to obtain reversal of jury’s finding on constructive fraud and ultimately reached a settlement that included vacating of all judgments.
Obtained judgment in favor of a large property management company in an action for negligence (mold and failure to maintain premises), retaliatory eviction, malicious prosecution, libel, slander and intentional infliction of emotional distress.
Obtained a defense verdict in a case in which a passenger in an ambulance died as a result of injuries sustained in a motor vehicle accident.
Successfully negotiated very favorable binding arbitration in a case alleging more than $2 million in damages resulting from a restaurant fire.
Representative Matters
In a wrongful death case and medical negligence action, relied on a case concurrently decided by the Maryland Court of Appeals to exclude at trial any reference to the Physician’s Desk Reference or package insert for a cytoprotective agent used in the course of treatment.
Following an accounting malpractice trial, worked with defense team to obtain reversal of jury’s finding on constructive fraud and ultimately reached a settlement that included vacating of all judgments.
Obtained judgment in favor of a large property management company in an action for negligence (mold and failure to maintain premises), retaliatory eviction, malicious prosecution, libel, slander and intentional infliction of emotional distress.
Obtained a defense verdict in a case in which a passenger in an ambulance died as a result of injuries sustained in a motor vehicle accident.
Successfully negotiated very favorable binding arbitration in a case alleging more than $2 million in damages resulting from a restaurant fire.
Events
In a wrongful death case and medical negligence action, relied on a case concurrently decided by the Maryland Court of Appeals to exclude at trial any reference to the Physician’s Desk Reference or package insert for a cytoprotective agent used in the course of treatment.
Following an accounting malpractice trial, worked with defense team to obtain reversal of jury’s finding on constructive fraud and ultimately reached a settlement that included vacating of all judgments.
Obtained judgment in favor of a large property management company in an action for negligence (mold and failure to maintain premises), retaliatory eviction, malicious prosecution, libel, slander and intentional infliction of emotional distress.
Obtained a defense verdict in a case in which a passenger in an ambulance died as a result of injuries sustained in a motor vehicle accident.
Successfully negotiated very favorable binding arbitration in a case alleging more than $2 million in damages resulting from a restaurant fire.
Representative Matters
Smith and Foster Obtain Motion to Dismiss in Legal Malpractice Defense
Brigitte Smith (Partner-Baltimore, MD) and Brian Foster (Of Counsel-Baltimore, MD) prevailed on a motion to dismiss in the Circuit Court for Wicomico County, Maryland, on behalf of the firm’s attorney clients in a legal malpractice action. The action was the latest in a series filed by the plaintiff against his family members and legal professionals asserting claims for financial exploitation of an elder, conspiracy, and legal malpractice. The plaintiff claimed his elderly mother had been abducted by her sisters, who conspired with the defendant attorneys to have her execute documents at a time when she lacked capacity, thereby diminishing the value of the estate. Brigitte and Brian, however, argued that the plaintiff, who was seeking $488,000, did not qualify under the third-party beneficiary exception. The court agreed, barring his claims for legal malpractice as a matter of law.
Brigitte J. Smith and Brian C. Foster
Murphy-Petros, Smith & Miller Secure Appellate Win Based on Plaintiff’s Own Dilatory Conduct in Discovery
Melissa Murphy-Petros (Of Counsel-Chicago, IL), Brigitte Smith (Partner-Baltimore, MD), and Zachary Miller (Associate-Baltimore, MD) represented a provider of public transportation services in Baltimore City to those with physical disabilities. The legally blind plaintiff, a regular rider, filed suit after he suffered a severe fracture when he fell on ice while walking from his front door to our client’s bus. The plaintiff claimed that our driver was negligent in not assisting him while he walked to the bus as the driver was required to do, but admitted that he did not wait for the driver to help him on the day of his injury. The case was tried to a defense verdict by Brigitte and Zak and Melissa handled the appeal. The appellate court affirmed the judgment on the jury’s verdict. The only issue plaintiff raised on appeal was the trial court’s order denying his motion to strike a supplemental medical expert opinion that we disclosed approximately 10 days before trial. It was plaintiff’s position that this testimony at trial was the basis for the jury’s defense verdict and it should not have been allowed, so he was entitled to a new trial. In the end, the court agreed with our argument that plaintiff’s own dilatory conduct in discovery led to the late timing of our supplemental disclosure in the first place, so the trial judge did not abuse her discretion in denying plaintiff’s motion to strike.
Melissa A. Murphy-Petros, Brigitte J. Smith and Zachary Miller
Firm Highlights
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