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Appellate Watch (Continued from page 44) Case # 427-00817 Case Name

Counsel for Appellant/ Area of Law

(410) 392-5815

Personal Injury/ Motor Vehicle Accident

428-2733 Borisenko v. Super Value, Inc.

Samuel Sperling, Esq. Lynne K. Stewart (410) 653-0141

Baltimore City

Christopher R. Dunn, Esq. (301) 306-4300 Personal Injury

Judge/ Jurisdiction

Brown v. Apkafson, Michael D. Smigiel, Sr., Esq. O. Robert Lidums/ et al.

Cecil County Issues

Whether medical records were properly admit- ted without a notice pursuant to Section 10-104 of the Courts and Judicial Proceedings Article under the theory that such records are admis- sible as an exception to Maryland Rule 5-803 because they are trustworthy on their face.

In a slip and fall case resulting from a supermar- ket spill, was summary judgment properly granted to the defense where the slip and fall took place in a common walk way of the super- market between the cash registers and the door, given that a daily sweep log showed that the entire store was swept in a period of only 10 to 15 minutes, including numerous hours of food and vegetables area, cashiers area across the walk- way where the occurrence happened? Under these circumstances, was the sweep a reasonable investigation on the part of the store owners sufficient to preclude liability?


Burden v. Charlestown Henry Burden, Pro Se Dextor M. Ethics Commission (410) 287-8624 Election Law

(410) 347.7979

Thompson, Jr. Cecil County

430-1304 McCrae, et al. v. Donald R. Huskey, Esq. Joseph H. H. Kaplan/ Union Memorial Hospital, et al.

Baltimore City

David E. Ralph, Esq. (410) 433-5900 Medical Malpractice

Whether or not the town Commissioners of Charlestown, Maryland had the authority to extend the deadline for commission candidates to file their certificates of candidacy and finan- cial disclosures.

Where a medical procedure rendered a woman incapable of bearing children, should her in- formed consent claim have been dismissed on the grounds that she failed to prove that absent the procedure, she had a better than 50% chance of bearing children in the future? The plaintiff argues that in addition to the ability to bear chil- dren, there were other damages alleged to have proximately resulted from the procedure and that in any event, had informed consent been given, the procedure would not have been au- thorized by the patient and, therefore, the chances of bearing a child are irrelevant to the informed consent claim.


Spears v. Washington Jonathan S. Shurberg, Esq. Durke G. Thompson Suburban Sanitary Commission

(301) 585.0707

Civil Procedure/ Admissibility of Expert Opinion

Montgomery County

Did the Trial Court properly permit the testi- mony of an expert witness who was not disclosed until the morning of trial in an area in which no expert had previously been designated? Defense counsel disclosed to the judge that the expert was deliberately withheld because of the defendant’s belief that a plaintiff’s expert should not be allowed to testify, and therefore, could go un-rebutted.

(Continued on page 48) 46 Trial Reporter Spring 2006

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