Swimming Pool drowning Case

Maryland's second highest court recently authored an opinion involving the tragic drowning death of a five-year old boy at a Crofton country club. The issue before the court involved whether a claim could be made for the boys' pain and suffering before his death. The trial court had said no. The appeals court correctly ruled that evidence existed that the boy likely suffered conscious pain and suffering and that the jury should be permitted to consider awarding monetary damages for that suffering. This issue has come up in Clark and Steinhorn's past representation of other drowning victims.