Case Name/Case #
Appellant C ounsel/ Area of Law
Mayor and City of Mark H. Grimes, Esq. Council of Baltimore (410) 396-8186 v. Sheila Cherry 454-02657-06
Motor Vehicle Accident/Negligence
Judge/ Jurisdiction
Althea Handy Baltimore City
Issues
The defense requests the appellate court decide whether a superseding cause instruction should have been given where a phantom vehicle swerved in front of the plaintiff’s vehicle, causing it to suddenly brake, allegedly resulting in the rear- end impact. The plaintiff cross-appeals the dismissal of the claim against Geico, as a result of an inadvertent failure to submit evidence supporting the existence of a policy of insurance between plaintiff and Geico, as is alleged in the complaint. Upon discovering this problem, the plaintiff had moved to reopen its case in chief, in order to submit the insurance policy, but said motion was denied by the trial court.
Louis Berkeley v. LaPalapa, Inc. 455-2832-06
Derwood Ellen, Esq. (410) 727-1005
Assault and Battery/ Premises Liability
Diane O. Leasure Howard County
Did a night club owe any duty to the plaintiff where: 1) a verbal altercation took place on the premises; 2) night club security physically restrained assailants, but only until the plaintiff left the night club, after which the future assailants were released; and 3) the future assailants were permitted to chase and assault and batter the plaintiff immediately off the premises of the club?
Shangri-la Limited Partnership, et al. v. Lisa Meade 457-1528-06
Pamela Dement-Carpenter, Esq. Not Listed (410) 539-5040
Civil Rights/ Disability
Whether a latex allergy qualifies as a handicap under the applicable county’s Human Rights Code, and whether a plaintiff suffering from a latex allergy has standing to file a discrimination claim as a result. The plaintiff suffered from a latex allergy and requested that a Howard County school stop using latex gloves, which severely effected her breathing. The latex gloves were sometimes used to change diapers on the appellee’s two year old child, while he at- tended daycare at the school. The plaintiff alleged that the school discriminated against her by refusing to stop using the gloves and retaliated against her by transferring her child to another school.
Carollyn Vega v.
Michael Agostinelli 458-2106-06
Mark E. Hoffman, Esq. (410) 685-1156
Negligence/ Slip and Fall
Judith C. Ensor Baltimore County
In this case involving an invitee’s slip and fall on ice, did the court commit reversible error by failing to grant a directed verdict in plaintiff’s favor on primary negligence in view of the homeowner’s admission at trial that he neglected to adequately clear his driveway. Also at issue is whether the Circuit Court properly excluded a statement from the homeowner taken by the plaintiff’s attorney on the grounds that the taking of the statement allegedly violated Maryland Rule of Professional Conduct 4.3 and Comment 2.
54
Trial Reporter
Fall 2007
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