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Torts

Jun 21, 2019

IN THE MATTER OF ALYSIA CARTER

Torts — Federal Tort Claims Act — Failure to state a claim Alysia Carter, appellant, filed a complaint, in the Circuit Court for Harford County, asserting claims against the United States pursuant to the Federal Tort Claims Act.1 On April 4, 2018, the circuit court, acting sua sponte, dismissed the action for “fail[ure] to state […]

Jun 5, 2019

OFFICER JAMES CRAIG v. MYREQ WILLIAMS

Criminal procedure — Voir dire — Media-coverage question This appeal arises out of an action filed by Myreq Williams (“Williams”), appellee, against Officer James Craig (“Officer Craig”), appellant, a Baltimore City police officer. Williams alleged that he sustained injuries as a result of Officer Craig’s use of excessive force. Following a trial in the Circuit […]

May 28, 2019

RONALD CECIL, v. MARK TREUTH, M.D., ET AL.

Torts — Medical malpractice — Expert testimony This appeal arises from a medical malpractice lawsuit filed in the Circuit Court for Wicomico County, Maryland. Appellant, Ronald Cecil, acting on his own behalf and as personal representative of the estate of his wife Elsie Cecil, filed a complaint1 against appellees, Mark Treuth, M.D. and Delmarva Heart, […]

May 21, 2019

CHARLES BAUGHER v. DEREK GLEN

Torts — Punitive damages — Actual malice Detective Charles Baugher, appellant, took part in the arrest of Derek Glen, appellee, on June 2, 2015, in Baltimore, Maryland. As a result of that arrest, Mr. Glen was charged with possession of heroin, possession of heroin with intent to distribute, and conspiracy to possess and distribute heroin. […]

May 7, 2019

MARGARET FLEISHELL v. MARK RITCHIE HOWARD

Torts — Motor torts — Contributory negligence On Memorial Day in 2015, Margaret Fleishell, the appellant, and Mark Howard, the appellee, were involved in a T-bone collision in an intersection near Denton, Maryland. Fleishell brought a negligence action against Howard in the Circuit Court for Dorchester County alleging that, under the Boulevard Rule, she was […]

Apr 29, 2019

DAVID AUSTIN v. ESTATE OF JEFFREY BLAIR BY PERSONAL REPRESENTATIVE TIAUNA BLAIR

Torts — Excessive use of force by police — Video evidence It is a bedrock principle of law that appellate judges will not, in the absence of abuse of discretion, overturn factfinding below. Yet the advent and prevalence of video cameras has created a crack in this bedrock. We do not know, nor will we […]

Apr 26, 2019

MICHAEL SCOTT v. JAMES YOUNT

Torts — Defamation — Sufficiency of the evidence This case arises out of, as one witness described it, a “Hatfields and McCoy[s] issue.” The feud between the former neighbors in this case reached its climax when James Yount, appellee, sent a letter (“Letter”) dated August 15, 2014, to all twenty-eight members of the Saddle Ridge […]

Apr 22, 2019

GREGORY DICKERSON v. STREAMSIDE ASSOCIATION, INC

Torts — Negligence — Contributory negligence On April 14, 2016, Gregory Dickerson, appellant, fell into a pothole while walking on Harrpark Court in Edgewood, Maryland. As a result of the injuries sustained during the fall, his right little finger was amputated. On November 29, 2016, Mr. Dickerson filed a complaint in the Circuit Court for […]

Apr 5, 2019

BRENDA A. WALKER v. SEAN MCCOY, ET AL.

Torts — Motor torts — Service of notice Brenda Angela Walker, the appellant, appeals from the dismissal of her civil action against GEICO Insurance Corp. (“GEICO”) and its insured, Sean McCoy, the appellees, in the Circuit Court for Montgomery County. Perceiving … Read the opinion.  

Apr 5, 2019

KAREN H. JOHNSON v. FRANCES MCMANUS, ET AL.

Torts — Motor torts — Expert testimony This is an appeal of a judgment and award of damages in the Circuit Court for Prince George’s County arising from a three-vehicle collision involving Appellant, Karen Johnson, Cross-Appellant, Frances McManus, and Appellee, Duane Halliburton. On July 24, 2013, McManus was a passenger in her vehicle, which was […]

Apr 2, 2019

WILLIAM E. LOWRY v. MATTHEW M. BUERHAUS

Torts — Defamation — Privilege In 2017, William E. Lowry, appellant, filed a complaint for defamation against Matthew M. Buerhaus, appellee, in the Circuit Court for Baltimore County. Following a hearing, the court granted Mr. Buerhaus’s motion for summary judgment and dismissed the complaint with prejudice, finding that any statements allegedly made by Mr. Buerhaus […]

Mar 27, 2019

MONTGOMERY BLAIR SIBLEY v. LITTLER MENDELSON, P.C., ET AL.

Torts — Employment termination — Pretext This case began as a dispute over $4.88. CarMax Auto Superstores, Inc. asserted that it had overpaid an employee, Montgomery Blair Sibley, in the amount of $4.88, and requested repayment. Although Sibley didn’t dispute the overpayment, he didn’t repay it either. Around the same time that CarMax was pursuing […]

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