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Ward Machinery v. Blue Shield

Court of Appeals of Maryland
Feb 1, 1982
292 Md. 592 (Md. 1982)

Summary

holding that the issue of contributory negligence was properly submitted to the jury, where the physician had prescribed a drug treatment for the plaintiff's tuberculosis and stressed the importance of reporting any symptoms related to side effects, but the plaintiff had purportedly failed to do so and subsequently died of that disease

Summary of this case from Thibodeaux v. Sterling

Opinion

[No. 88, September Term, 1981.]

Dismissed: February 1, 1982.

Certiorari to the Court of Special Appeals. (Baltimore City Court, Greenfeld, J.).

Submitted to MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.


Joint motion of dismissal filed by counsel and Order filed dismissing appeal.


Summaries of

Ward Machinery v. Blue Shield

Court of Appeals of Maryland
Feb 1, 1982
292 Md. 592 (Md. 1982)

holding that the issue of contributory negligence was properly submitted to the jury, where the physician had prescribed a drug treatment for the plaintiff's tuberculosis and stressed the importance of reporting any symptoms related to side effects, but the plaintiff had purportedly failed to do so and subsequently died of that disease

Summary of this case from Thibodeaux v. Sterling

holding contributory negligence instruction should be given to the jury when patient may have had actual knowledge of the importance of reporting certain symptoms but applying a "knew or should have known" standard

Summary of this case from Axelrad v. Jackson

affirming that the defendant bears the burden of production when seeking a contributory negligence instruction

Summary of this case from Fazzie v. Steinberg

In Moodie v. Santoni, the Court of Appeals of Maryland stated, "Maryland has gone about as far as any state in holding that meager evidence of negligence is sufficient to carry a case to the jury."

Summary of this case from Thibodeaux v. Sterling
Case details for

Ward Machinery v. Blue Shield

Case Details

Full title:THE WARD MACHINERY COMPANY v . BLUE SHIELD OF MARYLAND, INC., ET AL

Court:Court of Appeals of Maryland

Date published: Feb 1, 1982

Citations

292 Md. 592 (Md. 1982)
441 A.2d 323

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