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Appellate Watch


Cary J. Hansel


643-02611 Carol V. Henderson v.


Carol Ann Langrall


Carol V. Henderson, Pro Se (410) 340-6070 Intentional Tort


Te Honorable Pamela J. White Circuit Court for Baltimore City


Te Plaintiff discovered the Defendants attempting


to gain forcible entry into her home in Baltimore. Te Defendants alleged that they were acting in order to save a cat they alleged was starving. Te police were called and initially believed the Defendants’ statement. Tereafter, the Plaintiff was able to convince the police by showing the damage to her house and the cat in question that the Defendants had been untruthful. Te cat was taken voluntarily by the Plaintiff to a


veterinarian who confirmed that it was in good health and not neglected. Te Defendants were charged criminally and given probation before judgment with the condition that they pay for the repairs to the house. Te Plaintiff then filed the present civil lawsuit for


defamation, trespass to land and chattel, false light and affliction of emotional distress. Te circuit court granted summary judgment despite


the fact that the defendants did not supply any affidavits to support their motion and the Plaintiffs claim that there were material facts in dispute. As to the defamation count, the Plaintiffs claimed a


qualified privilege to disclose their alleged purpose to the police. With respect to trespass to land and chattels, the plaintiff


alleged that there was a factual dispute as to whether the Defendants were attempting to enter her property for the purpose of saving an abandon cat. Te Plaintiff points out that it doesn’t matter why the Defendants were attempting to enter her property - they were entering it without her permission and destroyed a portion of a door in the process.


66 Trial Reporter / Spring 2010


644-00016 Henry L. Vinyard v.


City of Salisbury, Maryland


Leslie Hayes Russo, Esq. (410) 749-3900 Personal Injury/Slip and Fall


Te Honorable David B. Mitchell Circuit Court for Wicomico County


Te Plaintiff in this case slipped and fell on ice. Te


trial court held that the Plaintiff had assumed the risk as a matter of law. Te Plaintiff argues that the ice was unseen and unknown to him that he was returning from a mandatory court hearing and had no choice but to be out in the weather. Finally, the Plaintiff alleges that there was no reasonable or save alternative.


645-01874 Martha Sprinkle v. Fellowship House Inc.


Jeffrey S. Goldstein, Esquire 410-884-6890 Civil Procedure/Motor Vehicle Accident


Te Honorable M. Brooke Murdock Circuit Court for Baltimore City


A mental health facility was alleged to have negligently


allowed a psychiatric patient to elope from the facility. Te psychiatric patient then became involved in a motor vehicle accident with the Plaintiff. Te issue is whether the motor vehicle accident was a foreseeable result of the negligence in allowing the patient to escape.


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