A divided Court of Special Appeals, sitting en banc, has declined to rethink Maryland's last clear chance rule, and has reinstated a jury's $216,000 verdict to a plumber who was injured when several cinder blocks fell off a forklift. The verdict had been taken away by a Prince George's County Circuit Court judge, who granted the defense's motion for a judgment notwithstanding the verdict based on contributory negligence by the plumber.
An appellate court cannot consider errors raised with a trial court's factual determinations where no transcript of the trial court proceedings has been filed. Last clear chance doctrine does not apply in Ohio since the adoption of comparative negligence.
A federal court jury has awarded more than $82,000 to an electrician injured in a Rockville electrical explosion, even though the jurors found his own negligence had contributed to the incident and his injuries. The jurors, in ruling for Lawrence Schoen, concluded that Power Design Inc. had negligently installed the circuit-breaker box that shorted and had the "last clear chance" to prevent the explosion that caused his concussion and head lacerations. But the company did not take that final step, Schoen's attorney said.
The Legislature's marathon voting session Monday - the last day of the lame-duck session - cleared bills to legalize sports betting at racetracks and casinos, allow school elections in November and cut back on one long-standing pension perk. But several key bills did not clear the Assembly and the Senate in the last chance to do so, a list that includes Governor Christie's push to end payouts to public employees for unused sick days.
Q: I have two team members who just can't get along. Their animosity is causing problems for the group, and I'm thinking one needs to move on for the good of the whole. Each has specific skills that we need. How do I begin to decide who goes and who stays? A: The consequences of their failure to work together need to be made clear, and then they need one last chance. At the same time, consider whether you're better off replacing both -- it's often easier to replace skills than to repair attitude.
VIRGINIA watched passively last week as Washington, D.C., and 24 states lined up for a piece of $2.4 billion that had been awarded to an Orlando-to-Tampa project but was subsequently rejected by Florida's governor as wasteful spending. North Carolina submitted a request for $624 million to replace train stations in Charlotte and Raleigh and expand freight and passenger service between the two cities. Other applicants include Maryland, South Carolina, Georgia and Wisconsin, which had previously spurned federal rail grants. A few days after the application deadline passed, it became clear that the commonwealth had punted on its last chance to collect federal high-speed rail dollars for the foreseeable future. Congressional budget negotiators cut $2.9 billion in high-speed rail spending, i...
... against her; (2) erroneously relied on the "last clear chance" doctrine to excuse negligence on the...
The family of an unlicensed teen driver who was killed while driving drunk cannot recover from the passenger's insurance company under the last clear chance doctrine, the Court of Special Appeals has said - reversing an $80,000 verdict against the insurer. Sixteen-year-old Shereka Jones died in a March 2000 crash in Marlow Heights after being thrown from the Cadillac she was driving.
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