Nursing Home Litigation
Appellate Watch
Cary J. Hansel
753-778 Stewart J. Levitas v. Sherza Warren
David A. Carter (410) 244-5800 Civil Procedure
Te Honorable Alfred Nance Circuit Court for Baltimore City
In this lead paint case, summary judgment was granted in favor of the defense in 1998. Almost 15 years after that lawsuit was filed, a second lawsuit was filed by the same plaintiff alleging the same exposure to lead paint by the same parties. Te defense moved for summary judgment on res judicata grounds and the plaintiff moved to revise the earlier judgment. Te trial court vacated the earlier judgment on the grounds that the plaintiff was a minor at the time it was entered. Te question is whether the plaintiff’s minority constitutes a “fraud, mistake or irregularity” under the applicable rules for setting aside judgments.
754-1010 Pro-Football, Inc. t/a Te Washington Redskins v. Dominique Stevenson
David O. Godwin, Jr. (410) 418-8778 Civil Procedure/Workers’ Compensation
Te Honorable Dwight D. Jackson Circuit Court for Prince George’s County
Te appellee, a professional football player, alleged to have sustained an accidental injury on the job during a game against the Tampa Bay Buccaneers. Te Redskins franchise argues on appeal that compensation for the injuries was precluded by the statute of limitations. Although the claim was filed 6 months after the 2-year statute of limitations had run, the player alleges that the team’s failure to file a report of the accidental injury with the Maryland Commission tolled the statute of limitations. Te team claims that its prior reporting in Virginia should excuse the failure to report in Maryland.
755-1434 Collegiate Group, LLC v. City of College Park
Richard C. Daniels (301) 864-1100 Land Use
Te Honorable Julia B. Weatherly Circuit Court for Prince George’s County
Te City of College Park sought to frustrate the appellant’s ability to operate a residential rental building by denying the validity of a County-issued use and occupancy permit and insisting that the appellant obtain another permit despite the fact that the County itself took no issue with the use and occupancy of the property under the permit it had issued. Among other issues on appeal, the appellant notes that the city is without the power to either conclusively interpret or enforce the County use and occupancy permit requirements.
756-1538 David S. Schuman v. Greenbelt Homes, Inc.
J.P. Szymkowicz (202) 862-8500 Civil Procedure/Torts
Te Honorable Albert W. Northrop Circuit Court for Prince George’s County
Te plaintiff sued a housing cooperative claiming that second- hand smoke from his neighbor’s unit was emanating in to his unit and causing him severe discomfort. Te plaintiff appeals from the denial of his motion for a preliminary injunction. Among other things, the plaintiff challenges the trial court’s finding that second- hand smoke causes no “real injury,” other than foul odor despite evidence of the Surgeon General’s findings to the contrary.
Trial Reporter / Fall 2011 51
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