Case Name/Case # Lisa Adams v.
Suresh A. Patel, M.D., et al. 555-1350
Appellant C ounsel/ Area of Law
John F.X. Costello, Esq 301-925-9080
Medical Malpractice
Judge/ Jurisdiction The Honorable
Richard H. Sothoron, Jr. Circuit Court for
Prince Georges County Issues
The Plaintiff alleges that the decedent’s general practitioner failed to properly identify the symptoms of cancer and refer him to a specialist in time to save his life. The jury found for the defendant. Among other issues on appeal, the plaintiff raises the
court’s refusal to give a spoliation instruction based on an extensive pattern of the medical records of another man with the same name being included in the decedent’s medical re- cords and the doctor’s admission that certain other medical records were missing. The issue in the case is whether or not a spoliation instructions should have been given.
Thomas Polfchan v. Thomas Polfchan, pro se Michael Aiken 556-893
703-406-7616 Breach of Contract/ Consumer Protection Act
The Honorable Theresa Adams Circuit Court for Frederick County
The Plaintiff filed a verified complaint alleging that he paid almost $20,000.00 to an artist for paintings which were never produced. In addition, the Plaintiffs alleged that the money was never returned. The trial court granted summary judgment against one
of two alleged sole proprietors under the theory that the Defendant dropped from the case was not a party to the contract. The Plaintiff notes that the Defendant dismissed from
the case had pleaded the affirmative defense of waiver and release. The Plaintiff argued that if the Defendant was never a party to the contract, then there was nothing from which he could be released. Therefore, his pleading of this affirmative defense was effectively an admission that the Defendant was a party to the contract. The Plaintiff also noted that there was language in the
contract referring to the name under which the sole pro- prietors did business as “we,” allegedly implying that both Defendants were owners and operators. The issue is whether there was a sufficient factual dispute
regarding whether the dismissed defendant was a party to the contract. The Plaintiff contends that the facts stated above generate enough of a dispute on a material issue to preclude summary judgment.
Linda Ann Senez v. Ann Collins 557-111
Edward C. Coveahey, Jr. Esq. The Honorable 410-828-9441
Susan M. Souder
Property/Adverse Possession Circuit Court for Baltimore County
The Circuit Court denied the appellant’s adverse position claim. The appellant alleges that there was a period of hostile possession lasting 23 years without any challenge by the appellee. The property at issue abuts a navigable waterway were
the appellant had improved a boat ramp, constructed gates, and otherwise maintained the property. The court held that there was not sufficient evidence of control despite the facts stated above to deprive the owners of their property. The court found the element of actual possession lacking. The issue on appeal is whether this ruling and others made by the court are correct as a matter of law.
66 Trial Reporter Winter 2009
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