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917-2304 John Cooper v. FMD Gyms, LLC


David Wasser, Esq. (301) 294-74030


Negligence, slip and fall


The Honorable Ronald A. Silkworth Circuit Court for Anne Arundel County


This is a slip-and-fall case in which the Appellant- plaintiff slipped while “lifting some significant weights over his head from a seated position using what is known as a Smith machine.” Appellant-plaintiff argued that the gym had a history of leaking water and that the area where Appellant fell was wet from the leaks. The question on appeal is whether the Appellee had actual or constructive knowledge where the leaking pipes constituted violations of the Anne Arundel County Building Codes.


918-00037


25th Street Sunoco Enterprises, Inc. t/a Subway Store, Inc. #20310 v. Alphonzo Grice, et al.


Marisa R. Schollaert, Esq. McCarthy Wilson LLP Negligence


The Honorable Martin P. Welch Circuit Court for Baltimore City


This is another slip-and-fall case involving an injury inside of a convenience store. In this case, Appellant- defendant argue that the trial court should have granted the motion for judgment when the incident occurred after it was raining, and the plaintiff was unable to testify what, if anything, caused the fall. The only testimony at trial regarding the cause of the slip was that another witness, who was a patron of the store, noticed “dampness” near the floor where the plaintiff fell.


919-01971 James Hoyle Everhart, Jr. v. Connie D. Hayman


Scott A. Bowling, Esq. (301) 934-99630


Premises liability, constructive notice


The Honorable James J. Lombardi Circuit Court for Charles County


In yet another slip-and-fall case, Appellant-plaintiff, a real estate agent, slipped on a patch of ice while visiting a property for a home inspection, while being accompanied by a prospective buyer. Appellant-plaintiff sued the owner of the house. The questions on appeal are whether the Appellant was a social guest, licensee by invitation, or an invitee, and whether there was constructive noticed based on the earlier snowfall.


920-01721 Ashley Bolar, et al. v. Brian Kalinowski, et al.


Jarrod S. Sharp, Esq. (301) 220-22030


Evidence, impeachment


The Honorable Alfred J. Nance Circuit Court for Baltimore City


This is a civil rights case involving an assault and battery by two officers. The questions presented on appeal are whether the trial court erred by giving a 19th century text jury instruction regarding the counts under Articles 24 and 26 of the Maryland Declaration of Rights, without any explanation of how Articles 24 and 26 have been interpreted since then, and whether a new trial should be granted when Appellant-plaintiff was not permitted to raise impeachment evidence of one of the officers’ history of domestic abuse, when the officer said that he was a “good guy” who would never harm females.


Trial Reporter / Winter 2014 59


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