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Medical Malpractice


664-00606 Wayne L. Wrigley v. Demetrius Moore, et al.


Erik D. Frye (301) 780-9020 MVA/Civil Procedure/Insurance


Te Honorable Larnzell Martin Prince George’s County Circuit Court


Tis case was precipitated by a motor vehicle accident


involving an uninsured motorist. In such cases, the uninsured motorist carrier (Progressive Insurance in this instance) becomes a party. Despite the requirement in Rule 2-201 that “[e]very action shall be prosecuted in the name of the real party at interest,” the trial court granted Progressive’s motion that its identity be hidden from the jury and that its lawyer be permitted to participate using only the moniker, “attorney for the defendants.” Te primary issue on appeal is whether the trial court erred in barring the identification of Progressive.


665-316406 Burman York Mathis v. Attorney Grievance Commission of Maryland


Burman York Mathis (703) 901-1683 Professional Conduct/Mandamus


Te Honorable John Debelius Montgomery County Circuit Court


Te appellant, who appears pro se and is an attorney,


filed a grievance against his former divorce lawyers with the Attorney Grievance Commission. Te Commission took no action on the complaint. Te appellant responded with a mandamus petition seeking to require that the Commission take further action. Te case was dismissed and the issue on appeal is whether the Commission may be ordered to take action on a given complaint given what the Commission notes is its broad prosecutorial discretion.


A 15 year-old child was disfigured as a result of severe


burns from sulfuric acid he was told to handle during a high school chemistry class. He was not issued nor instructed to wear the safety equipment required by the Maryland Science Safety Manual, which was drafted under the direction of the Maryland Department of Education to govern a variety of circumstances, including the safe handling of sulfuric acid. Although the teacher testified that he did not observe the child engaging in any unsafe activity, the child was found to be contributory negligent as a result of his attempts to deal with the fact that the cap had become “stuck” in the bottle. Te issue is whether any attempts to open the bottle were properly deemed contributory negligence.


60 Trial Reporter / Summer 2010


666-45 Richard H. Fischer, Jr. v. Washington Gas Light Company


D. Lee Rutland (410) 263-5900 Negligence/Product Liability


Te Honorable Sean Wallace, specially assigned Calvert County Circuit Court


On March 16, 2006, the Lighthouse Inn was totally


destroyed by a fire fed by natural gas from an unused service line leading into the restaurant. Te plaintiffs sued, alleging that the gas company was negligent in keeping the line charged with natural gas and failing to install a valve which would have automatically shut it off in the event that excess flow was detected. Te trial court dismissed the case, holding that the defendant had met all industry standards. Te plaintiff argues on appeal that the failure of the industry to establish reasonable standards is no defense to the company’s negligence.


667-14 Violet Lemmons v. Board of Education of Howard County


Tomas C. Costello (410) 296-4655 Negligence


Te Honorable Timothy J. McCrone Howard County Circuit Court


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