Case Name/Case # Chim-Cheree
Appellant C ounsel/ Area of Law
Douglas Biser, Esq. Chimney Sweep, Inc. (410) 828-1335
v. Brethren Mutual Negligence/ Insurance Co., et al. Expert Testimony 449-02288-06
Judge/ Jurisdiction
Theodore R. Eschenburg Worcester County
Issues
A chimney sweep was sued for an alleged negligent clean- ing that was alleged to have caused a fire at the Bethany United Methodist Church in Pocomoke City, Maryland. On appeal, the chimney sweep argues that an expert wit- ness for the church should not have been permitted to characterize the truthfulness of the testimony of a prior witness and pass on that witness’s credibility. The company also assigns reversible error to a reference in trial testimony to its insurance coverage and to the trial court’s refusal to provide jury instructions on contributory negligence and assumption of risk.
Diane McFadden v. Howard W. Simcox, Jr., Esq. Toni Clarke Thomas Venable 450-02236-06
(301) 840-0404 Motor Vehicle
Accident/Negligence
Prince George’s County
In a three car accident resulting in a plaintiff’s verdict, the defendant appeals on grounds that evidence was im- properly admitted suggesting that the defendant’s sister was injured in the accident and had sued the defendant. The defense also asks the Court of Special Appeals to find prejudicial error in the trial court’s failure to allow a jury to hear mathematical calculations regarding the speed of the defendant’s vehicle.
Prince George’s County, et al. v. Amadudunbuya 451-2018-06
W. John Vernon, Esq. (410) 539-5881 Personal Injury/ Premises Liability
C. Philip Nichols Prince George’s County
This appeal was taken by a co-defendant, Oxon Run Associ- ates Limited Partnership. Oxon Run Associates asserts that the trial court committed reversible error in failing to grant judgment to Oxon Run Associates as a result of allegedly uncontradicted evidence that the sidewalk where plaintiff fell was owned by appellant, Prince George’s County and not Oxon Run Associates.
Robert Haney v. Jose D. Gregory 452-02134-07
Louis E. Tanko, Esq. (410) 269-6255 Motor Vehicle
Accident/Negligence
Michael E. Lonney Anne Arundel County
Whether the trial court erred in allowing the “emergency” jury instruction in a case in which the plaintiff was rear-end- ed on Interstate 83 in Baltimore. As part of the emergency instruction, the court instructed the jury that in the case of an emergency, “the driver is not held to the same coolness for accuracy and judgment, which is required of a person who has had an ample opportunity fully to exercise their personal judgment.”
Ev Mar Mobile
Residents Association, (410) 706-0174 Inc., et al. v. S.B.
Childs, as Personal Housing Representative of the Estate of Henry E. Mieyn, et al.
Philip Robinson, Esq. Consumer Protection/
Diane O. Leasure Howard County
A number of plaintiffs allege that Ev Mar Mobile Village, a community created for the purpose of providing affordable housing, did not maintain its property within applicable health and safety standards. Residents sought damages for the return of rents paid for services allegedly not provided. At issue in the case is whether the landlord’s announced closing of the leased premises relieved the landlord from any duties to maintain the premises within certain minimum health, safety and habitability standards until the actual closing date. A second, and related issue, is whether the announced closure effectively moots the controversy between the parties under the circumstances presented by this case.
Fall 2007 Trial Reporter 53
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