Case Name/Case # Robert D. Scott v.
City of Mt. Rainer 539-1447
Appellant C ounsel/ Area of Law
Robert D. Scott, Esq. 301-864-8611
Judge/ Jurisdiction
Smith, Krauser, Northrop, Serette,
Hotten and Clark Circuit Court for Prince George’s County
Issues
The plaintiff in this case appeals the dismissal of his lawsuit against a long list of parties. The lawsuit alleges that agents of the City of Mt. Rainer poked holes in the tops of his trash containers leading to an unwanted congregation of rodents and other vermin as a result of the smelly refuse at his residence. The appellant further contends that a neighbor, acting on behalf of the city, is generating loud banging noises in his home by manipulation of the gas, water lines and chimney at the Appellants residence through “electronic mechanical and/or sonic means.” Further, the appellant claims that the City of Mt. Rainer caused a tire on his truck to be slit and three trash cans full of yard refuse to be spread over his vehicle and dumped on his sidewalk. The appellant argues that emotional distress was intentionally inflicted upon him when a large blue cup was placed on the trunk of his Volkswagen and on the ground by the left real wheel of his automobile allegedly by agents of the City of Mt. Rainer. The lawsuit also alleges that agents of the City of Mt. Rainer opened the Appellants dinning room window to permit a swarm of “thousands of bees to be released into his living room and den.” In addition to a variety of other acts of trespass, the lawsuit also alleges that agents of the City of Mt. Rainer entered the Appellants property, destroyed the foundation to his porch, cut down plants on his property needlessly, inappropriately ticketed his vehicles, threatened to impound his vehicles and otherwise harassed the Plaintiff. The question presented to the Court on appeal is whether these actions, taken as a whole, presented sufficient al- legations to survive motions for summary judgment and dismissal filed by the long list of defendants.
Emerson R. Julian, Jr., M.D. v.
540-4466
Ronald U. Shaw 410-823-9400
Christopher Spence, Medical Malpractice et al.
John Carroll Byrnes Circuit Court for Baltimore City
In this birth trauma case, the infant suffered from a shoul- der dystocia during delivery such that the shoulder of the infant became lodged against the pubic bone of the mother, thereby complicating the delivery. The appellant asks the Court to find error in the denial of a motion for judgment notwithstanding the verdict based on the theory that the plaintiff’s expert failed to demonstrate that breaches in the standard of care caused a prolonged shoulder dystocia. The defense claims that the infant died as a result of a prolonged shoulder dystocia and not as a result of the shoulder dystocia itself. In other words it is the fact that the event was not more quickly resolved, rather then that the event occurred at all, that allegedly caused the death. The defense alleges on appeal that although plaintiffs expert testimony cited violations of the standard of care by the defendants causing the shoulder dystocia, there was no testimony to the effect that any such violations prolonged the dystocia, therefore leading to the death.
(Continued on page 69) Fall 2008 Trial Reporter 67
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