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  • June 10, 2014

Maryland Wrongful Death Statute Survives Challenge and Lives On

In Susan Mummert, et al. v. Massoud B. Alizadeh, et al., 435 Md. 207, 77 A.3d 1049 (2013), Maryland’s highest Court held that a wrongful death beneficiary’s right to file a lawsuit is not contingent upon the decedent’s ability to bring a timely negligence claim on the date of her death. The question on appeal revolved around key language in Maryland’s Wrongful Death Statute, including the requirement that a “wrongful act” be one “which would have entitled the party injured to maintain an action and recover damages if death had not ensued.” The facts giving rise to the wrongful death…

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