Case Name/Case # Donna Hensley v.
Family Health Care Physicians 494-2244
Appellant C ounsel/ Area of Law
Patrick M. Regan, Esq. 202-463-3030
Medical Malpractice/ Expert Witnesses
Judge/ Jurisdiction
Thomas P. Smith Circuit Court for Prince George’s County
Issues
In this medical-malpractice case, the plaintiff assigns error to the Court’s ruling that the defendant may call more than one family-medicine, expert witness at trial. The plaintiff also appeals the denial of the Plaintiff’s Motion for New Trial based on newly discovered evidence contradicting defense testimony. The newly discovered evidence involved the fact that the doctor’s scheduling software could potentially delete appointments. There had been testimony at trial to the effect that this was impossible, and therefore, evidence that the plaintiff’s husband had not come to a given ap- pointment as claimed.
Donna Filbersack v. Bruce McElhred, Esq. AC and S, Inc. 495-00010
410-649-2000 Product Liability
M. Brooke Murdock Baltimore County
This is a wrongful-death case alleging the development of lung cancer due to the decedent’s exposure to asbestos containing products as well as cigarettes. The Cigarette Defendants were dismissed without prejudice based on their argument of improper joinder, and the Court’s finding that different products and different methods of injury to the decedent’s lungs were involved. In addition to an issue involving bankruptcy of some
defendants, the plaintiffs appealed the lower Court’s refusal to reinstate the Cigarette Defendants after all claims of the non-bankrupt Asbestos Defendants had been resolved. This case involves the standard for proper joinder as well as reinstatement of claims, which had been dismissed without prejudice in order to save them from application of the statute of limitations.
Kenneth D. Schisler v. Andrew Radding, Esq. State of Maryland, et al.
410-539-5195 496-03033
Employment/Public Regulation
Albert J. Matricciani Baltimore City
This case involves the removal of the Chairman of the Public Service Commission by the General Assembly in Section 22 of Senate Bill 1, Chapter 5, Laws of Maryland 2006. During a special session, the Maryland General Assembly removed the Chairman of the Public Service Commission. The Chairman and other removed members filed suit. That suit was dismissed by the Circuit Court for Baltimore City. On appeal, former Chairman of the Public Service Commis- sion, Kenneth Schisler, argues that the State of Maryland, and other defendants, are proper parties and not immune to suit under 42 USC Section 1993. Specifically, Plaintiff Schisler argues that the Appellees are not entitled to qualified immunity, legislative immunity or absolute immunity. With respect to claims brought under the state constitution, the Appellant argues that Maryland law provides no immunity to public officials sued for violating the Constitutional rights of Maryland’s citizens.
56
Trial Reporter
Spring 2008
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