Case Name/Case #
Appellant C ounsel/ Area of Law
Hansen Homes, LLC Shannon J. Posner, Esq. v. Jeffery Stenlicht 561-00342
410-472-4000
Civil Procedure/ Discovery Sanctions
Judge/ Jurisdiction
Circuit Court for Baltimore County
Issues
The appellant alleges that the appellee falsely accused the ap- pellant of failing to answer discovery responses. The appellee filed a motion for sanctions seeking dismissal of appellant’s case. The appellant responded to the motion and requested a hearing, but no hearing was held. The motion for sanctions was granted, and the case was dismissed. The issue on appeal is whether the appellant was entitled to a hearing before its case was dismissed as a discovery sanction.
Brenda G. Murray v. Joe G. Fradin, Esq. Milestone Hospitality 410-337-9214 International, LLC Slip and Fall/ 562-01448
Negligence The Honorable
William J. Rowen, III Circuit Court for
Montgomery County
A severe injury resulted to the Plaintiff’s knee when the Plaintiff slipped after a mat slid underneath the Plaintiff, causing a fall. The trial court granted a motion for judg- ment holding that placing a rubber mat with a smooth bottom on top of a carpeted surface and not securing it in place did not create a dangerous condition. On appeal, the Plaintiff argues that the court erroneously resolved the factual issues regarding whether a dangerous condition was created and whether the defendant should have known about it. The Plaintiff argues that these issues should have been left to the jury.
Ilene York v. Hiromi Sato 563-01300
Michael P. Coil, Esq. 410-992-0444
Motor Vehicle Accident Circuit Court for Montgomery County
The Plaintiff was rear-ended while stopped waiting for a funeral procession to pass. The jury returned a verdict for the Plaintiff on liability, but awarded zero compensatory damages. The Plaintiff appeals, asking the court to find error in
the refusal of the trial judge to grant a new trial or judgment notwithstanding the verdict. Chiropractic bills totaling more then $1,500.00 were stipulated into evidence and there was a further stipulation that these bills were caused by the accident. Under the circumstances, the Plaintiff contends that once the jury found liability, a compensatory damage award was required under the circumstances.
John H. Kroll v. Barbara G. Fisher 564-1657
Raymond F. Weston, Esq. 301-759-4343 Civil Procedure Allegany County
The Honorable
W. Timothy Finan Circuit Court for
A breach of fiduciary duty claim was brought against an individual appointed as attorney in fact and, later, per- sonal representative of the decedent’s estate. A motion for summary judgment was filed by the Defendant when the Defendant’s discovery responses were more then 30 days overdue. In opposition the Plaintiff requested that the court order responses to discovery prior to ruling on the motion. The court granted the motion for summary judgment with- out ordering discovery. On appeal, the Plaintiff suggests that the court erred in not ordering discovery answered prior to the grant of summary judgment.
68
Trial Reporter
Winter 2009
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