Case #
Case Name 465-00635 David Miller v.
Kohl’s Department Store, Inc.
Counsel for Appellant/ Area of Law
James N. Morrissey, Esq. (301) 390-6400
Negligence/Slip and Fall
Judge/ Jurisdiction Judge not specified Issues
Whether the Circuit Court erred in granting a motion for summary judgment in favor of the defendant where the defendant removed the back handrail in an elevator that the plaintiff had used many times. The plaintiff backed into the elevator expecting to put his hand on the rail, did not look to see that it was not there, and, as a result, fell to the ground. The court granted summary judgment in favor of the defendant finding that any dangerous condition represented by the lack of the hand- rail was open and obvious, and therefore, the plaintiff was contributorily negligence in not observing that it had been removed.
466-00820
Jeffrey D. Opert v. Michael S. Greene, Esq. Ruth A. Jakubowski Criminal Injuries
Compensation Board Administrative/Criminal Injuries Compensation Board
(410) 363-9414
Whether a compensable “crime” occurred where an individual with a bicycle walked out on to the inner loop of Interstate 695 in Baltimore County, causing a motor vehicle accident when the criminal injuries compensation claimant was forced to lay down his motorcycle and suffered a broken collarbone. The board found that no “crime” had occurred under the act and the Circuit Court affirmed.
467-00788
Piney Ridge Homeowner’s
Association, Inc.
Bradley L. MacFee, Esq. Michael M. Galloway Darius Breebaum, Esq.
(410) 580-0377 Contract/Laches
Carroll County
Did the Circuit Court properly dismiss a case brought by a homeowner’s association trying to force a member to remove a basketball rim under the doctrine of laches? In this case, the basketball rim had been in its present location in the defendants’ designated parking space, which is controlled by the homeowner’s agree- ment for a period of months prior to the suit being filed. However, before that time, the basketball rim was in another location for a period of nine years, but the homeowner’s association had no right to request the re- moval of the basketball hoop from its original location because its original location was on a public road.
468-00708 Aaron Lange v. Wal-Mart Stores, Inc. (301) 251-9200
Joseph D. Gallagher, Esq. Michelle Jaklitsch Anne Arundel County
Negligence/Slip and Fall
Where the plaintiff slipped on a puddle of a lubricant known as “Greased Lightening” in a Wal Mart store, was there sufficient evidence of notice to Wal-Mart to require the issue to be submitted to the jury under the following circumstances: 1) there were no broken bottles in the area, indicating that the spill may have occurred suddenly such as a bottle being dropped by a customer; and 2) the depart- ment manager allegedly stated on the scene that the substance had come from a leaking bottle of Greased Lightening and that “The night cleaning crew must have missed it.”
Winter 2007 Trial Reporter 57
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