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Date: 11-13-2023

Case Style:

Joseph Blacker and Andrea Memiki Ambrosia v. Bay Bridge Marina Slips, LLC, et al.

Case Number: 1:23-cv-02123

Judge: Julie Rebecca Rubin

Court: United States District Court for the District of Maryland (Baltimore County)

Plaintiff's Attorney:



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Defendant's Attorney:

Description: Baltimore, Maryland personal injury lawyer represented the Plaintiffs who sued the Defendants on an admiralty law theory under 28 U.S.C. 1333, which provides:

The district courts shall have original jurisdiction, exclusive of the courts of the States, of:
(1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.
(2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize.


"Admiralty personal injury law is a complex and specialized area of law that deals with injuries that occur on or in connection with navigable waters. Admiralty jurisdiction is federal, meaning that admiralty cases are heard in federal courts.

To establish a claim for admiralty personal injury, the plaintiff must prove the following elements:

The plaintiff was injured on or in connection with navigable waters.
The defendant owed the plaintiff a duty of care.
The defendant breached that duty of care.
The breach of duty was the proximate cause of the plaintiff's injuries.
The plaintiff suffered damages as a result of the injuries.

Navigable waters

Navigable waters are defined as waters that are capable of being used for commercial navigation. This includes oceans, seas, lakes, rivers, and canals.

Duty of care

The defendant's duty of care will vary depending on the circumstances of the case. In general, however, the defendant must take reasonable steps to avoid injuring others. This could include providing adequate safety equipment, training employees in safety procedures, and maintaining vessels and other equipment in a safe condition.

Breach of duty

The defendant breaches their duty of care if they fail to take reasonable steps to avoid injuring others. This could include failing to provide adequate safety equipment, failing to train employees in safety procedures, or failing to maintain vessels and other equipment in a safe condition.

Proximate cause

The defendant's breach of duty must be the proximate cause of the plaintiff's injuries. This means that the defendant's breach of duty must be the main cause of the plaintiff's injuries.

Damages

The plaintiff must have suffered damages as a result of their injuries. This could include medical expenses, lost wages, and pain and suffering.

Defenses to admiralty personal injury claims

There are a number of defenses that a defendant may raise in response to an admiralty personal injury claim. Some common defenses include:

Contributory negligence: This defense is available in admiralty cases. It allows the defendant to reduce the plaintiff's damages by the percentage that the plaintiff was at fault for the accident.
Assumption of risk: This defense is available in admiralty cases. It bars the plaintiff from recovering damages if the plaintiff knew of the danger and voluntarily chose to expose themselves to it.
Statute of limitations: The statute of limitations for admiralty personal injury claims is three years. This means that the plaintiff must file their lawsuit within three years of the date of the accident.

Remedies for admiralty personal injury claims

If the plaintiff is successful in proving an admiralty personal injury claim, they may be entitled to a number of remedies, including:

Medical expenses: The plaintiff is entitled to recover the cost of their medical expenses, both past and future.
Lost wages: The plaintiff is entitled to recover the wages that they lost as a result of their injuries.
Pain and suffering: The plaintiff is entitled to recover damages for their pain and suffering.
Punitive damages: In some cases, the plaintiff may also be entitled to punitive damages, which are damages that are intended to punish the defendant for their reckless or willful conduct.

If you have been injured in an admiralty accident, you should contact an experienced admiralty lawyer to discuss your legal options. An admiralty lawyer can help you determine whether you have a valid claim and can represent you in court if necessary."

Google Bard

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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