anguish, emotional pain and suffer- ing, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education where applicable for the death of:
(1) A spouse; (2) A minor child; (3) A parent of a minor child; or (4) An unmarried child who is not a minor child if: (i) The child is 21 years old or younger; or
(ii) A parent contributed 50 percent or more of the child’s support within the 12-month period imme- diately before the date of death of the child.
(e) Damages – Death of children not described in subsection (d) or parent of a child who is not a minor. -- For the death of a child, who is
not described under subsection (d) of this section, or a parent of a child, who is not a minor child, the damages awarded under subsection (c) of this section are not limited or restricted by the “pecuniary loss” or “pecuniary benefit” rule but may in- clude damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, attention, advice, counsel, training, education, or guidance where applicable.
(f) Restriction to one action under this subtitle – Only one action under this subtitle lies in respect to the death of a person.
Consistent with § 3-904(f), Maryland
Rule of Civil Procedure 15-1001, Wrong- ful deaths states:
(a) Applicability. This Rule applies to an action involving a claim for damages for wrongful death.
(d) Complaint. In addition to com- plying with Rules 2-303 through 2-305, the complaint shall state the relationship of each plaintiff to the decedent whose death is alleged to have been caused by the wrongful act.
(b) Plaintiff. If the wrongful act occurred in this State, all persons who are or may be entitled by law to damages by reason of the wrongful death shall be named as plaintiffs whether or not they join in the ac- tion. The words “to the use of” shall precede the name of any person named as a plaintiff who does not join in the action.
(c) Notice to use plaintiff. The party bringing the action shall mail a copy of the complaint by certified mail to any use plaintiff at the use plaintiff ’s last known address. Proof of mailing shall be filed as provided in Rule 2-126.
Maryland Orthopedics, P.A. Board Certified Orthopedic Surgeons
Ellicott City 3570 St. Johns Lane 410-461-9500 Laurel 545 Main Street 301-776-2000
Owings Mills Physicians Pavillion, 10085 Red Run Blvd. 410-363-0777 Frederick 75 Thomas Johnson Drive
301-663-0009 WHEN QUALITY COUNTS
At Maryland Orthopedics PA, our physicians and staff pride themselves on their expertise with Personal Injury cases and work-related injuries covered under Worker’s Compensation. We understand the special challenges presented by industrial injuries and can provide many services such as x-ray, medications, neurological testing and physical therapy in house.
Most Appointments within 24 Hours Monday-Friday
Raymond D. Drapkin, M.D. William J. Launder, M.D. Kevin E. McGovern, M.D.
Michael A. Franchetti, M.D. Mark A. Cohen, M.D. Susan J. Liu, M.D.
Arthur E. Kurlanzik, M.D. Neurological Services
32
Trial Reporter
Fall 2008
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