The Attorney's Office Tools
654-1835 Arnold B. Miller v. Taco Bell of America
Christopher M. Johns (410) 984-3000 Procedure/Venue
Te Honorable Sean D. Wallace Circuit Court for Prince George’s County
Te issue in this case is whether the trial of this slip and
fall matter should have occurred where it was filed in Prince George’s County or in the Circuit Court for Montgomery County where the case was transferred on the grounds of forum non conveniens. Te Taco Bell where the slip and fall occurred is located in Germantown, Montgomery County Maryland. Taco Bell alleges that the witnesses and evidence were more convenient to the Montgomery County Courts. However the plaintiff counters that he has a right to choose Prince George’s County as the forum because “Prince George’s County is known to be more advantageous to plaintiffs then Montgomery County.” Further, although he did not live there at the time of the accident, the Plaintiff is a Prince George’s County Honorary Lifetime Deputy Sheriff and an Honorary Police Officer of Capital Heights and Mount Rainer in Prince George’s County. Te issue on appeal is whether the motion to transfer based on forum non conveniens was properly granted under all of these circumstances.
655-00048 Janay Barksdale v. Leon Wilkowsky
David F. Albright Jr., Esq. (410) 727-2168 Lead Paint Poisoning
Te Honorable Sylvester B. Cox Circuit Court for Baltimore City
Te primary issue on appeal is the appropriate standard
for instructing the jury regarding an occupant’s duty related to a zoning unit. Te court instructed the jury that the Baltimore City housing code provides that, “every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling unit that he occupies” including the walls and windows. Te Plaintiff alleges that this instruction inappropriately shifted the burden for protecting the Plaintiff against lead paint in the leased premises from the landlord to the Plaintiff and that established case law vests this duty firmly with the landlord. Tis lead paint case also raises a total of ten other issues, many of which are specific to the case and therefore not as useful to the readership.
656-02370 Jack Cronin v.
Baltimore County, Maryland
Joseph I. Tivvis, Jr. Esq. (410) 727-1333 Civil Procedures/Failure to Prosecute
Te Honorable Patrick Cavanaugh Circuit Court for Baltimore County, Maryland
Te Circuit Court granted a motion to dismiss pursuant
to Maryland Rule 2-507 for an alleged failure to prosecute. Te Plaintiff appealed that order noting that there were docket entries within the proceeding year, including for a pretrial conference held between the parties. Te Plaintiff further argues a violation of the due process guaranteed by Rule 2-507 in that the court clerk did not serve notice on all parties of the contemplated dismissal. Te issue in the case is what standard must be met by the Court and its staff in order to appropriately dismiss a case for failure to prosecute.
Trial Reporter / Spring 2010 69
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