Case # Case Name
232-2586-02 Michael J. Salamon v Progressive Classic Insurance Company
Counsel for Appellant Area of Law
Robert J. Lynott, (410) 752-2468
Insurance Law/ Motor Vehicle Exclusions
233-2548-02 WSSC v Bergon E. Sigmon, Russel L. Beers, et ux.
(301) 206-7096
Post Judgment Interest/ Local Gov’t Tort Claims
Nichols/Prince George’s County
Judge Jurisdiction
Levitz/Baltimore County
Issues
Did the trial court err in ruling for Progressive with respect to this motor vehicle accident by a pizza delivery man up- holding an exclusion in the Progressive policy denying coverage for any accident that occurred while the driver was delivering food for compensation or a fee?
Following a jury verdict of $210,000 against WSSC for damages to a house caused by excavation work, judgment was entered and an appeal taken. The Court of Special Appeals remanded for reconsideration by the trial court as to the issue of limitations and judgment was again entered with post judgment interest to run from the original judg- ment date. The Defendant appeals not only the awarding of post judgment interest but also the ruling by the trial court that the local government tort claims act cap on dam-
ages did not apply to this judgment. 234-2571-02 Davine Snead, et al. v John M. Woods, et al.
Joseph A. Miklasz, (410) 768-3337
Medical Malpractice/ Jurisdiction/Venue/ Notice of Voluntary Dismissal
Heller/Anne Arundel County
This claim for medical negligence against Johns Hopkins and S. Lee Marban M.D., Peninsula Regional Medical Center and John M. Woods, M.D. was brought by Salisbury Plaintiffs in Baltimore City.
Judge Byrnes transferred the
case to Anne Arundel County (where no Defendants lived or worked). Plaintiff sought to simplify matters by merely dismissing without prejudice Peninsula Regional and Dr. Woods neither of whom had ever filed an answer to the lawsuit. But Judge Heller refused to dismiss them and de- nied the Motion to Remand. Following Judge Heller’s retirement, Judge Manck granted the Defendant’s Penin- sula Regional and Woods’ Motion to Transfer (after they had answered the lawsuit) and sent the case to Wicomico County. The issues on appeal are whether the trial court erred in failing to dismiss without prejudice the two De- fendants who had not answered (Peninsula Regional and John Woods); whether the trial court erred in failing to remand the case back to the Circuit Court for Baltimore City where Johns Hopkins and Dr. Marbann had answered the lawsuit and accepted jurisdiction; and whether consid- erations of race should be given weight in the context of fairness and justice on a forum non convenience transfer?
235-2574-02 Certainteed Corporation, Robert E. Rockwell, et al. v Cherry L. Anderson (301) 739-4558
Workers’ Compensation/ Evidence/Instructions
McDowell/ Washington County
Did the trial court err in giving the jury an instruction that it was to take into consideration “the claimant’s age, educa- tion, and experience” in assessing permanency and did the trial court err in excluding evidence of claimant’s applica- tion for unemployment benefits?
(Continued on page 34)
Rehabilitation Experts of Maryland, Inc. (REx) (301) 962-6800
Vocational Expert and Life Care Planning Services
Steven D. Shedlin, M.Ed., CRC Lianne Friedman, M.A., CRC
Over 45 years of combined case management and courtroom experience. Qualified in circuit and federal district courts throughout Maryland, the DC metro area and the mid-Atlantic region.
32 Trial Reporter Fall 2003
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