Appellate Decisions Edited by Mark E. Herman
Mark E. Herman, of the Law Office of William G. Koldner, PA of Baltimore is a member of MTLA’s Board of Governors and is a member of its President’s Club as a Supporter. Mr. Herman is certified in trial advocacy by the National Board of Trial Advocates. He is also a member of the Baltimore City Bar Association and is an arbiter/mediator on its Fee Arbitration Committee.
Consumer Protection Act
Lead Paint Poisoning - In an action seek- ing compensation for injuries suffered from exposure to lead paint, a jury should be instructed with respect to the elements of the cause of action even though the tenants had knowledge of deteriorated paint on the premises if there was evi- dence that the landlord had greater knowledge than the tenant, failed to dis- close it, and the tenant was deceived by the non-disclose.
Evidence
Business Records - Self Authentication – Certification - Used to establish au- thenticity of business records pursuant to Maryland rule 5-902 (A) (11) must be under oath and must attest that the records were made contemporaneously, based on personal knowledge, in the course of the regularly conducted busi-
ness activity, and as a regular practice.
State of Maryland v. William Dunlock Bryant, No. 16, September Term, 2000, decided November 14, 2000. Opinion by Raker, J.
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Admissibility of Expert Testimony - Trial court did not abuse discretion in admit- ting evidence where expert is licensed certified clinical social worker and opin- ion is based on recognized manual of mental and emotional disorders.
Statutory Interpretation - Health Occu- pations Article - Social Workers - Pursuant to § 19-101 (f) of the health occupations article, licensed certified clinical social worker is authorized to make diagnoses based on a recognized manual of mental and emotional disorders.
Facts: The Court of Appeals granted cer- tiorari to consider whether the Circuit Court for Washington County erred in permitting a licensed certified clinical so-
cial worker to testify as an expert witness and to provide diagnostic expert testi- mony regarding the metal and emotional conditions of Petitioner and her daugh- ter in a proceeding for guardianship with the right to consent to adoption or long- term care. Dr. Carlton Munson, a licensed certi- fied clinical social worker, testified for WCDSS at the hearing. WCDSS offered Dr. Munson as an expert in clinical social work to testify to his evaluation of the mental disorders of Petitioner and Shan- non. Over defense counsel’s objection that he was not trained as a psychiatrist or a psychologist, Dr. Munson testified that Shannon suffered from moderate at- tention deficit hyper-activity disorders, combined type, and from borderline in- tellectual functioning. He further testified that Petitioner suffered from schizophre- nia, disorganized type and dissociative disorder. Based on this diagnosis, Dr. Munson testified that it was his opinion that Petitioner’s ability to care for Shan- non was impaired because of her chronic mental illness. The Circuit Court granted the petition and terminated parental rights on March 25,1999.
In re: Adoption/Guardianship No. CCJ14746, No. 138, September Term, 1999, Filed September 13, 2000. Opin- ion by Raker, J.
Legal Malpractice
Statute of Limitations - Summary Judg- ment. In malpractice action brought by former criminal defendant/malpractice plaintiff against former defense attorney, appellate, post conviction, or habeas cor- pus relief based on defense attorney error is a predicate to recovery. The malprac- tice plaintiff must also institute malpractice suit within statute of limi- tations applicable to other malpractice actions. Trial court prematurely awarded summary judgment to appellees without affording opportunity to appellant to pursue federal habeas corpus action.
Philip E. Berringer v. Nevett Steele, Jr. et al., No. 824, Sept. Term 1999, filed Aug. 31, 2000, opinion by Hollander, J.
42 Trial Reporter Winter 2001
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