Belsky Weinberg & Horowitz, LLC A Personal Injury & Workers’ Compensation Law Firm

$34 Million Carbon Monoxide Verdict Survives Post Trial Motions But Appeal Nearly Certain

The Baltimore City Circuit Court Judge who presided over the three month trial that led to a jury verdict of $34 million has denied the defendants' post trial motions for a new trial and/or for a reduction in the verdict in accordance with the state's cap on noneconomic damages.

In a two page order, Judge Audrey J.S. Carrion denied the defendants' 265 page motion without a hearing, stating that a hearing would not aid the court in its ruling. The court denied the new trial and refused to reduce the award, and accepted the plaintiffs' contention that the cap did not apply because intentional conduct was found in the defendants' failure to act to correct known problems resulting in carbon monoxide exposure to employees of Ruth's Chris Steak House in Baltimore's Inner Harbor.

It is highly likely the decision will be appealed to the Maryland Court of Special Appeals on the issue of whether the jury indeed based its damage award on intentional misconduct and whether the issue should have gone to the jury for consideration in the first instance. The allocation of the noneconomic loss by the jury will likely be scrutinized as part of the appeal. For more information on the case, readers are directed to The Maryland Daily Record and the links to prior articles about the case.

The Baltimore attorneys at Belsky, Weinberg & Horowitz handle cases involving all aspects of personal injury, including mass tort, motor vehicle, medical malpractice, workers' compensation and social security disability claims. For more information about the firm or its services, please contact us at (410) 234-0100 or visit our website.

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