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Torts

Jul 18, 2016

JOSE ANTONIO YANES v. HASSANE MAMADO, ET AL.

Torts — Motor torts — Contributory negligence Following a motor vehicle accident, Jose Antonio Yanes, appellant, filed suit in the Circuit Court for Montgomery County against Hassane Mamado and his employer, Veolia Transportation Services, Inc. (collectively, “the appellees”), seeking damages for injuries sustained and medical expenses incurred as a result of the accident. During a[...]

Jun 24, 2016

CHINYERE UZOUKWU v. TYJAUN LEE, et al.

Torts — Defamation — Qualified privilege Chinyere Uzoukwu, appellant, filed this appeal after the Circuit Court for Prince George’s County granted summary judgment in favor of appellees, thereby disposing of appellant’s lawsuit alleging negligence and defamation based on a letter appellees (employees of Prince George’s County Community College) sent to appellant, with a copy to [[...]

Jun 9, 2016

SONIQUE WARD v. REBUILDING TOGETHER BALTIMORE, INC. ET AL.

Torts — Lead-paint poisoning — Charitable immunity Sonique Ward appeals from an order of the Circuit Court for Baltimore City granting summary judgment in favor of Rebuilding Together Baltimore, Inc. and Rebuilding Together, Inc. (collectively, “Rebuilding Together” or “the companies”), appellees. In 2014, Ms. Ward filed a tort action against Rebuilding Together, among others, [...]

May 27, 2016

HEATHER DAVIS v. LEWIN REALTY, III, et al.

Torts — Lead-paint poisoning — Admissibility of mother’s affidavits This is a lead paint poison case. Two issues are raised: (1) whether the Circuit Court for Baltimore City erred in striking two affidavits filed by the plaintiff (appellant) in opposition to the defendants’ motion for summary judgment, and (2) having struck those affidavits, the court […]

May 23, 2016

BLANCHE SMITH v. RITE AID OF MARYLAND, INC.

Torts — Negligence — Jury question This appeal arises from the granting of summary judgment by the Circuit Court for Baltimore City in favor of appellee, Rite Aid Corporation (“Rite Aid”), for alleged negligence. Appellant, Blanche Smith, filed a Complaint and Prayer for Jury Trial against Rite Aid on February 3, 2014, after she tripped […]

May 21, 2016

JOSHUA LAWRENCE v. BRIAN CHRISTOPHER HENRY

Torts — Motor torts — Susceptibility-to-injury instruction This appeal arises from a lawsuit filed by Joshua Lawrence, appellant, in the Circuit Court for Prince George’s County, against Brian Henry, appellee, alleging that Mr. Henry was liable for injuries that Mr. Lawrence sustained in a motor vehicle collision caused by Mr. Henry’s negligent driving. Mr. Henry […]

May 16, 2016

EARNEST MATHENY, et al. v. BALTIMORE CITY POLICE DEPARTMENT, et al.

Torts — Local Government Tort Claims Act — Notice Earnest Matheny, as father and next friend of Jeremy Matheny, appellant, filed suit in the Circuit Court for Baltimore City, and asserted personal injury claims against Police Officer Jeffrey Siddall and the Baltimore City Police Department (“BCPD”), appellees. Appellant’s claims were dismissed due to his failure […]

May 6, 2016

RONALD ALLEN DAILEY, JR. v. BONNIE GAIL MACKEY

Torts — Motor torts — Contributory negligence This appeal involves competing claims of negligence in connection with an automobile accident. A jury found that both drivers were negligent, barring all recovery. One driver appealed, contending that the trial court should not have submitted the issue of his contributory negligence to the jury. Read the opinion […]

May 2, 2016

MILANA ABBASOV ET AL. v. RAVINDER DAHIYA

Torts — Medical malpractice — Informed consent In the Circuit Court for Montgomery County, Milana Abbasov, along with her husband, Mikael Abbasov, the appellants/cross-appellees, sued Ravinder Dahiya, M.D., the appellee/cross-appellant, trading as “Potomac Facial Plastic Surgery” (“Potomac Facial”), asserting, inter alia, claims for medical negligence, lack of informed consent,[...]

May 2, 2016

ERNEST WEISKERGER, JR. v. PAIK’S DECORATORS INC., ET AL.

Torts — Motor torts — Judicial notice of non-right-turn-only lane The case giving rise to the present appeal arose out of a motor vehicle accident near the intersection of Crain Highway and Chevy Drive in Upper Marlboro, Prince George’s County, Maryland. Ernest Weiskerger (“Weiskerger”), appellant, suffered injuries after the motorcycle he was operating collided with […]

Apr 25, 2016

JENNY J. COPSEY, ET AL. v. JOHN S. PARK, ET AL

Torts — Medical malpractice — Superseding causation This case involves a medical malpractice action by the wife, minor daughters, and mother of Lance Copsey, deceased, against John S. Park, M.D. The appellants assert that Dr. Park negligently misread Mr. Copsey’s MRI/MRA six days before he suffered a massive, and ultimately fatal, stroke. Over the appellants’ […]

Apr 18, 2016

ROBERT W. MALLETTE, III v. CARLOS MOORER

Torts — Jury instruction — Statutory presumption regarding intoxication Robert W. Mallette III sued a Baltimore City police officer for malicious prosecution. The jury awarded him $170,000 in damages – $70,000 more than he had requested in his complaint and asked the jury to award. The circuit court denied Mallette’s post-judgment motion to amend the […]

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