Caps & Immunities
23-2072 Barbara J. Kogod v.
Barbara S. Kogod as Personal Representative in the Estate of Ira D. Kogod
John D. Pels (301) 986-5570 Trusts and Estates
Te Honorable Joseph A. Dugan, Jr. Circuit Court for Montgomery County
Appellant Barbara J. Kogod files this appeal in the matter of the Estate of Ira Kogod seeking to overturn the lower court’s refusal to remove Appellee Barbara S. Kogod as personal representative of the Estate. Te foundation of the lawsuit filed by Appellant centered on the reduction of her deceased husband’s interest in IDK Properties, LLC from 52% to less than 1/3 of 1% in a three-week period. A hearing was held in the Circuit Court for Montgomery County. Te Court denied Appellant’s Motion to Remove and Surcharge Personal Representative. Tis appeal followed.
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724-01661 John Menefee, et al. v. State of Maryland
Barry J. Nace Jonathan B. Nace (202) 463-1999 Negligence/Maryland Tort Claims Act
Te Honorable Michael J. Algeo Circuit Court for Montgomery County
Tis is a negligence action in which Plaintiff John Menefee, individually and on his son’s behalf, has alleged that the state of Maryland and the Montgomery County Department of Health and Human Services (“HHS”) were negligent in protecting John Damien Menefee from mental and physical abuse despite repeated statements of suspected abuse. Te question presented is whether the state of Maryland has waived sovereign immunity for the negligent acts of individuals who conduct state programs for Montgomery County pursuant to the Health and Human Services Article.
725-1238 Kimberly L. Tomas v. Wells Fargo Bank, N.A.
Byron L. Warnken James M. Nichols (443) 921-1100 Civil Procedure
Te Honorable David A. Boynton Circuit Court for Montgomery County
1-877-895-2225 (BACK)
www.stutmanchiropractic.com | Se habla español 60 Trial Reporter / Spring 2011
Tis case arises from the Circuit Court’s Order granting Defendant’s Motion for JNOV, which struck, it its entirety, the jury’s one million dollar punitive damages award arising from Wells Fargo’s allegedly fraudulent mortgage practices. Te Order, in striking the punitive damages award, cited the following reasons: (1) Plaintiff failed to state the amount of punitive damages sought in her original or amended Complaint, as required by Md. Rule 2-305; (2) the punitive damages award was not supported by the evidence; and (3) there was no relationship between the harm complained of in the compensatory damages and the punitive damages award. Te jury’s award of punitive damages arose from evidence that Wells Fargo and its agents committed fraud by knowingly and intentionally misleading Ms. Tomas into entering a mortgage she neither wanted nor could afford through a “bait and switch” scam. Te Court granted Wells Fargo’s Motion for JNOV. Ms. Tomas appeals from that decision.
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