Inside District Court
Te police department contends that every record sought by plaintiff-appellant was exempt from disclosure because the Law Enforcement Officers’ Bill of Rights prohibited their disclosure, the records were personnel records, and the records were intra-agency memoranda and investigatory records and their release was contrary to the public interest.
808-0595 Vicki Muhammad v. State of Maryland
Terrell N. Roberts, III (301) 699-0764 Maryland Tort Claims Act
Te Honorable Melanie M. Shaw Geter Circuit Court for Prince George’s County
A 23 year old pedestrian was hit and killed while walking along a roadway. Te mother and younger sister of the pedestrian sued the State for breach of the duty to maintain the highway in a safe condition. A jury trial resulted in an award of $800,000 to the mother, and $2,500,000 to the younger sister for solatium damages. Te trial court granted the State’s post-trial motion to reduce the judgments collectively to the sum of $200,000, the limit under the Maryland Tort Claims Act. Te plaintiffs appealed the decision, arguing that the Maryland Tort Claims Act entitles each individual who has suffered damages from tortuous wrongs committed by the State officials and employees are entitled to a recovery of up to $200,000 each.
809-387 Quiana Hubbard v. Halbart James Hunter, Sr.
Larry N. Burch (301) 474-4468 Respondeat Superior/Independent Contractor
Te Honorable Maureen M. Lamasney Circuit Court for Prince George’s County
Tis appeal raises the question of whether an employer can be held liable under a theory of respondeat superior where the employee’s nominal status is as an independent contractor and the employee can decide the schedule in which to complete the work assigned by the employer, but where the employer maintained the power to control all aspects of employee’s work through training, supervision, and quality control, and the employer’s employees were subject to a Non-Compete Agreement.
810-00187 Gloria Dixon v. State of Maryland
Paul Victor Jorgensen (301) 293-6822 Negligent Supervision of Persons Having Dangerous Propensities
Te Honorable Evelyn Omega Cannon Circuit Court for Baltimore City
Tis appeal raises the question of whether the State owes a duty to the plaintiff, a mother of a child who was murdered by a convicted sex-offender, to supervise a convicted sex- offender. In previous case law, the court had refused to impose liability on probation officers who never took charge of a probationer, but suggested that there may be a duty imposed upon a correctional institution incarcerating a dangerous criminal. Maryland courts have expressly adopted Sections 315 and 319 of the Second Restatement of Torts.
811-2858 James E. Johnson v. State Farm Mutual Automobile Insurance Company
Ernest I. Cornbrooks, III (410) 742-3176 Evidence/Causation
Te Honorable Christian M. Kahl Circuit Court for Wicomico County
Tis appeal deals with the sufficiency of evidence with respect to the causal relationship between an accident and the injuries. Te plaintiff-appellant appeals the trial court’s order granting the defendant-appellee’s motion for summary judgment, arguing that testimony of two expert witnesses is sufficient evidence to bring the question of causation to the jury. Te plaintiff-appellant also argues that the trial court improperly expanded upon the defendant-appellee’s motion.
Biography Cary J. Hansel (Joseph, Greenwald & Laake) received his
JD from the George Washington School of Law. His practice areas include Civil Litigation, Commercial Litigation, and Appellate Advocacy.
Trial Reporter / Summer 2012 63
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