Suicide no bar to wrongful death action.
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Suicide can be the basis for a wrongful death action if the defendant’s negligence caused the decedent to be insane, and thus take his or her own life, the Court of Special Appeals held Friday.The state’s appellate courts have found in the past that special parties, such as school counselors, have a duty to prevent a foreseeable suicide, and can be held liable for the death if they fail to act. This is the first Maryland case to try whether suicide can be caused by a “garden variety” tort, according to attorney Kristine A. Crosswhite.The court held that “under either common law or the Restatement, suicide may be a basis for a wrongful death action,” Crosswhite said. “But,… |