Appellate Watch (Continued from page 58) Case # 472-1179 Case Name
Lakeya Maddox, Et al. v. Frances Stone, et al.
Counsel for Appellant/ Area of Law
Judge/ Jurisdiction Negligence/Civil Procedure Wicomoco County
Daniel M. Clements, Esq. W. Newton (410) 539-6633
Jackson, III Issues
In a case involving personal injuries resulting from a house fire in a rental property, did the Circuit Court err in dismissing the claim for negligence against the landlord and an electrical company? The claim was dismissed because expert testimony was necessary and the plaintiff’s expert died before he could give his opinions. The Circuit Court refused to grant the plaintiff’s motion requesting leave to name a new expert to replace the one who had died because the deadline for naming experts had passed.
473-00814 Timothy Wade Bull, Brandi Phillips, Esq. et al. v. Nathan
M. Williams, et al. Motor Vehicle Accident/ Civil Procedure
(410) 832-1800 Judge not specified
Among other issues raised on an appeal is whether the Circuit Court erred in refusing to dismiss the case based on a statute of limitations argument. In this MVA case, the owner of the vehicle was sued and discovery was not propounded on the owner of the vehicle seeking the identity of the driver until after the statute of limitations had run. The answers to that discovery revealed that the defendant’s son was the permissive user of the vehicle. The plaintiff was allowed to add the defendant’s son as a defendant, despite the running of the statute of limitations.
Copies of any of the appellants’ briefs cited in this article are available to members for $20 each. Please be sure to note the Case # as shown in the “Appellate Watch” table.
60 Trial Reporter Winter 2007
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 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64