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.
Civil Procedure
Personal Jurisdiction – Long Arm Statue – Due Process - Mesothelioma – in or- der for Maryland Court to obtain personal jurisdiction over defendant un- der long-arm statute, defendant’s action must be more purposefully directed at Maryland than mere act of placing prod- uct in stream of commerce. Maryland uniform contribution among joint tort-feasors act – joint tort- feasor status – settlement credits – a defendant will not obtain joint tort-fea- sor status merely by entering a settlement and paying money.
Settlement agree-
ment is dispositive where there is no adjudication regarding liability of settling defendant and no actual admission by that party.
Hollingsworth & Vose Company, et al. v. Connor, No. 1489, September Term, 1999, filed November 1, 2000. Opinion by Thieme, J.
________
Discovery – Expert Witnesses. Medical examiner who forms opinion as to cause on death based on autopsy report per- formed pursuant to public duty is not an expert whose opinion is prepared in anticipation of litigation and whose iden- tify must be disclosed under rule 2-402 (e) (1). Evidence – Relevance. Evidence in medical malpractice case that defendant physician failed board certification exam is inadmissible to show negligence.
Larry Dorsey, Individually, et al. v. Jeffrey Nold, D.O., et. al., No. 27, September
Term, 2000 filed January 8, 2001. Opin- ion by Wilner, J.
________
Summary judgment – lead paint pois- ing – to survive a motion for summary judgment in a lead paint poising case, a plaintiff must satisfy the two prong test enunciated in Brown v. Dermer.
Antonio Jones, a minor, etc., et al. v. Mid- Atlantic Funding Company et al., No. 59, September Term, 2000, filed February 9, 2001. Opinion by Cathell, J.
________
Joinder – Real Party in Interest – Subro- gation – Md. Rules 2-201, 2-211: Court did not err in failing to compel joinder of partially subrogated insurance com- pany in suit brought by insured against tortfeasor.
Poteet v. Sauter, No. 2694, September Term, 1999. filed February 1, 2001. Opinion by Hollander, J.
________
Notice of Appeal – MD Rule 1-203 does not lengthen time to appeal under MD Rule 8-202.
Kamara v. Edison Brothers Apparel Stores, Inc., et. al., No. 37, September Term 1999, filed January 31, 2001. Opinion by Eyler J.
Insurance
PIP Benefits – a passenger injured in a motor vehicle is entitled to collect “per- sonal injury protection,” or” PIP” benefits under the driver’s motor vehicle insurance policy despite his previous re- ceipt of PIP benefits from his own insurer.
Michael D. Bishop v. State Farm Mutual Auto Insurance, No. 129, September Term, 1998, filed August 18, 2000. Opinion by Eldridge, J.
52 Trial Reporter Spring 2001
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56