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Maryland Automobile Accident Law
 
United States v. Jeffers

Late in the evening of 1 June 2013, Appellant drove himself and a friend, Airman First Class (A1C) DF, to a club about an hour from the overseas base to which they were assigned. After drinking and socializing until about 0200 the following morning, they drove to a second club closer to base where they engaged in more drinking. Shortly before 0500, Appellant and A1C DF left the second club. By... More...   $0 (01-30-2016 - MD)

JOSEPH RUSSELL GEAR v. STATE OF MARYLAND

On the first day of trial, April 2, 2015, the parties appeared before an administrative
judge, who denied a request for postponement by an assistant public defender representing
appellant. The following colloquy transpired between appellant’s counsel and the trial judge:
[APPELLANT'S COUNSEL]: We are here for trial today. It has been Mr. Gear's intention from the first day that I met... More...
   $0 (01-04-2016 - MD)

Nancy Williams v. GENEX Services, LLC

The FLSA protects “all covered workers from substandard wages and oppressive working hours.” Barrentine v. ArkansasBest Freight Sys., Inc., 450 U.S. 728, 739 (1981); see also 29 U.S.C. § 202(a) (noting that the FLSA protects “the minimum standard of living necessary for health, efficiency, and general well-being of workers”). Toward these ends, the FLSA establishes the general rule that employer... More...   $0 (12-21-2015 - MD)

Ruth Belche May v. Air & Liquid Systems

Ruth Belche May (“Petitioner”) is the widow of a machinist mate, Philip Royce May (“May”), who served on active duty in the United States Navy (“Navy”) for 20 years, from 1956 until 1976. Air & Liquid Systems Corp., Warren Pumps LLC, and IMO
Industries, Inc. (“Respondents”) manufactured steam pumps that were sold to the Navy. The Navy used these pumps to move extremely hot and highly pressur... More...
   $0 (12-20-2015 - MD)

Michael W. Harris v. Red Hill Lawn Service

Appellant, Michael Harris, brings this appeal from the Circuit Court for Carroll
County’s judgment that ruled on his workers’ compensation claim stemming from
injuries sustained when the company vehicle he was driving was struck from behind.
Harris sustained injuries to his head, neck, and back, and he had surgery on his back.
After developing additional health issues, the Wo... More...
   $0 (11-25-2015 - MD)

Allstate Insurance v. Kponve

The parties to this appeal are appellant, Allstate Insurance Company (“Allstate”), and
appellee, Austria Kponve (“Mrs. Kponve”). At all times here pertinent, Allstate provided
underinsured motorist coverage to Mrs. Kponve. On April 10, 2009, while Allstate’s policy was in force, Mrs. Kponve was involvedin an automobile accident with a motorist named Douglas Leonel Mendoza (“Mendoza”).
... More...
   $0 (11-09-2015 - MD)

United States of America v. Nishon Rainner

Baltimore, MD - Woodlawn Man Exiled to 100 Months in Prison for Illegal Possession of Stolen Guns and Ammunition

Sentenced to an Additional 18 Months in Prison for Violating His Supervised Release for a Previous Federal Conviction

Chief U.S. District Judge Catherine C. Blake, sentenced Nishon Rainner, age 31, of Woodlawn, Maryland, today to 100 months in prison, followed by three... More...
   $0 (09-18-2015 - MD)

United States of America v. Kevin Garcia Fuertes, a/k/a Kerlin Esquivel-Fuentest, a/k/a Flaco and German De Jesus Ventura, a/k/a Chino, a/k/a Chalo, a/k/a Pancho, a/k/a Chaco, a/k/a Oscar

These appeals arise from the prosecution of two members of an enterprise engaged in interstate prostitution. Following a two-week trial, a jury convicted Appellants Kevin Garcia Fuertes (“Fuertes”) and German de Jesus Ventura (“Ventura”) of conspiracy to commit, and commission of, a number of sex trafficking and related offenses. On appeal, Fuertes and Ventura make four assertions of error, two in... More...   $0 (08-18-2015 - MD)

Cash & Carry America, Inc. v. Roof Solutions, Inc.

The primary question in this case is whether a roofing contractor who performs work
on a structure owes a duty of care in tort to a third party owner of personal property inside
the structure. The answer is yes, although there are limits on the type of property damage
encompassed by this duty of care, as we shall discuss.
Cash & Carry America, Inc. (“CCA”), the appellant, is a ... More...
   $0 (06-30-2015 - MD)

United States of America v. William Eugene Simms

Baltimore, MD – William Eugene Simms, age 62, of Oakland, Maryland pleaded guilty to theft of government property.

The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Michael McGill of the Social Security Administration (SSA) - Office of Inspector General, Philadelphia Field Division.

According to h... More...
   $0 (06-11-2015 - MD)

Jamie Meyers v. Michael Eugene Lamer

Jamie Meyers was working in a utility bucket positioned above an unblocked lane of traffic when a tractor-trailer truck driven by Michael Lamer struck the bucket. As a result of the collision, Meyers was ejected from the bucket and suffered injuries to his back and lower body. Meyers then sued Lamer and Lamer’s employer for negligence pursuant to Maryland state law. The parties cross-moved for s... More...   $0 (02-25-2014 - MD)

James Coleman v. Soccer Association of Columbia

Thirty years ago, in Harrison v. Montgomery County Bd. of Educ., 295 Md. 442, 444, 456 A.2d 894 (1983), this Court issued a writ of certiorari to decide “whether the common law doctrine of contributory negligence should be judicially abrogated in Maryland and the doctrine of comparative negligence adopted in its place as the rule governing trial of negligence actions in this State.” In a compr... More...   $0 (07-09-2013 - MD)

Mary DiFederico v. Marriott International, Inc.

Albert DiFederico, a former naval commander, was serving as a civilian contractor for the State Department in Pakistan when he was killed in a terrorist attack on the Marriott Islamabad Hotel. His widow, Mary DiFederico, and their three sons, brought this wrongful death action and survivorship claim alleging that Marriott International ("Marriott") was liable for its failure to adequately secure i... More...   $0 (05-01-2013 - MD)

Thomas Francis v. Allstate Insurance Company

Appellants Thomas and Danielle Francis ("the Francises" or "Appellants") appeal an order of the district court granting summary judgment to Appellee Allstate Insurance Company ("Allstate"). In March 2011, Appellants brought this action in Maryland state court seeking a declaration as to Allstate’s duty under a renters insurance policy to defend and indemnify the Francises in a tort suit brought ... More...   $0 (03-07-2013 - MD)

Yiannis Yiallouros v. John Tolson

On March 4, 2009, appellant, Yiannis Yiallouros,1 filed suit in the Circuit Court for Montgomery County, against appellee, John David Tolson, and alleged that appellee was liable in negligence for damages, including pain and suffering, medical expenses, loss of present and future earnings, and loss of consortium. On April 28, 2010, the jury found in favor of appellant and awarded $32,000.88 for pa... More...   $0 (03-02-2012 - MD)

Marjorie Gayle Hendrix v. Charles Robert Burns

Marjorie Gayle Hendrix, the appellant, was injured in an automobile accident caused by Charles Robert Burns, one of the appellees. In the Circuit Court for Baltimore County, Mrs. Hendrix sued Mr. Burns and Candice Marie Burns, his wife, the other appellee, alleging battery and negligence against Mr. Burns and negligent entrustment against Mrs. Burns.

Mrs. Hendrix prayed a jury trial. Before... More...
   $0 (03-29-2012 - MD)

Dorothy M. Tracey v. Anthony K. Solesky

In Maryland the vicious mauling of young children by pit bulls occurred as early as 1916.1 Bachman vs. Clark, 128 Md. 245; 97 A. 440 (1916). In that case, a ten-year-old boy, John L. Clark, was playing on the north side of a street when a pit bull (“bull terrier”) came across the street from its owner’s property and attacked him, inflicting serious injuries. The pit bull refused to release t... More...   $0 (04-26-2012 - MD)

Washington Metropolitan Area Transit Authority v. Jan Williams

Washington Metropolitan Area Transit Authority (“WMATA”), appellant, appeals from the judgment of the Circuit Court for Prince George’s County which affirmed the ruling of the Workers’ Compensation Commission that an injury to the right leg of Jan Williams, appellee, was causally related to the prior injury to his left leg, and therefore covered by workers’ compensation benefits.

... More...
   $0 (04-26-2012 - MD)

David Clickner, et ux. v. Magothy River Association, Inc., et al.

Six individuals and the Magothy River Association, Inc. (collectively, “Association” or “Appellees”) brought suit against the recent purchasers of Dobbins Island, David and Diana Clickner (“Clickners” or “Appellants”), seeking to establish a public right to use a beach located alongside the island’s northern crescent area. Following a bench trial on the merits, the trial judge de... More...   $0 (01-20-2012 - MD)

Shailendra Kumar, M.D., P.A., v. Anand M. Dhanda, M.D.,

Shailendra Kumar, MD., P.A. (“Dr. Kumar” or “Petitioner”) sued Anand M. Dhanda, M.D. (“Dr. Dhanda” or “Respondent”) in the Circuit Court for Montgomery County alleging breach of contract and the breach of a covenant not to compete. The contract at issue provided for disputes to be initially addressed through mandatory, non-binding arbitration. Respondent filed a motion to dismiss t... More...   $0 (05-02-2012 - MD)

Nicole Leake v. Dondi Johnson, Jr.

This appeal involves litigation arising from the death of Dondi Johnson, Sr., after he was arrested for public urination. Appellees, and cross-appellants, Mr. Johnson’s estate and his two sons,1 filed a wrongful death and survivorship action in the Circuit Court for Baltimore City against appellants, Officers Sendy Ferdinand, Michael Riser, and Nicole Leake. A jury found in favor of appellees, a... More...   $0 (04-05-2012 - MD)

Edmond P. Danderidge v. Linda Williams

This case involves the validity of a method used by Maryland, in the administration of an aspect of its public welfare program, to reconcile the demands of its needy citizens with the finite resources available to meet those demands. Like every other State in the Union, Maryland participates in the Federal Aid to Families



Page 473

With Dependent Children (AFDC program,... More...
   $0 (05-18-1970 - MD)

John Doe v. Buccini Pollin Group, Inc. d/b/a PM Hospitality Strategies, Inc.

This appeal presents the question of whether an injury suffered by appellant at the hands of a third party was “directed against [him] in the course of” his employment. John Doe, appellant, appeals from the decision of the Circuit Court for Baltimore City that reversed an award of benefits made by the Workers’ Compensation Commission. In this workers’ compensation case, appellant raises tw... More...   $0 (10-03-2011 - MD)

James E. Toxel, 3D v. Iguana Cantina, LLC

This case arises out of a claim filed by appellant, James E. Troxel, in the Circuit Court for Baltimore City in which he sought damages for injuries he allegedly received on the dance floor of a nightclub called Iguana Cantina located near the Inner Harbor in Baltimore City. Troxel sued the following defendants: (1) Iguana Cantina, LLC, the entity that operated the club, (2) Timothy S. Bennett, th... More...   $0 (10-03-2011 - MD)

Donzel M. Page v. National Railroad Passenger Corporation

In the taxonomy of the law, the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq., is a platypus. Intended to provide a remedy for injured railroad workers, the FELA "hovers ambivalently between workers' compensation law and the common law of negligence. It is neither, but it partakes of characteristics of both." CSX v. Miller, 159 Md. App. 123, 129 (2004). This case calls us to consider ... More...   $0 (09-06-2011 - MD)

Kelly Swartzbaugh v. Encompass Insurance Comp0any of America

Appellants, Kenneth, Lynne, and Kelly Swartzbaugh,1 challenge the Circuit Court for Carroll County’s entry of a declaratory judgment on behalf of appellee, Encompass Insurance Company of America (“Encompass”). In obtaining personal automobile insurance for her family, Lynne signed a Waiver of uninsured motorist benefits2 that otherwise would have been in the same amount as the liability cove... More...   $0 (09-07-2011 - MD)

Sajid A. Malik v. Tommy's Auto Service, Inc.

A tow truck owned by Tommy’s Auto Service, Inc. (“TAS”) and operated by a TAS employee, Charles Payne,1 struck the vehicle of appellant, Sajid A. Malik. Malik, thereafter, brought a negligence action in the Circuit Court for Prince George’s County against appellees, Payne and TAS, for the injuries he sustained as a result of the collision. After a jury found appellant contributorily neglig... More...   $0 (07-05-2011 - MD)

Kevin Antoione Mitchell v. Housing Authority of Baltimore City

In the Circuit Court for Baltimore City, Kevin Antoine Mitchell, the appellant, sued the Housing Authority of Baltimore City (“HABC”), the appellee, for damages for injuries he allegedly sustained due to childhood lead paint poisoning. The HABC moved for summary judgment on the ground that neither Mitchell nor a representative had satisfied the notice requirements of the Local Government Tort ... More...   $0 (05-25-2011 - MD)

Zurich American Insurance Company v. Uninsured Employers' Fund

The primary issue presented by this appeal involves the interpretation of a “workers compensation and employers liability” policy (the “Policy”) and, specifically, a “residual market limited other states insurance endorsement” (the “Endorsement”). The Policy was issued in Delaware by American Zurich Insurance Company (“Zurich”), appellant, to A & B Enterprises, Inc., a Delaware... More...   $0 (02-03-2011 - MD)

David J. Bonfiglio v. John J. Fitzgerald, Jr.

On October 12, 2007, John J. Fitzgerald (“Fitzgerald”), the appellee, was divorced from Lori F. Fitzgerald (“Lori Fitzgerald” or “the Decedent”) in the Circuit Court for Montgomery County. A Marital Settlement Agreement (“the Agreement”) was incorporated, but not merged, into the parties’ judgment of absolute divorce. In the Agreement, Fitzgerald granted Lori Fitzgerald his entir... More...   $0 (02-07-2011 - MD)

Stanley Rochkind v. Danielle Finch

Appellants Stanley Rochkind, J.A.M. #18 Corporation, and Dear Management & Construction Co., Inc. (collectively “appellants”), appeal the jury verdict in the Circuit Court for Baltimore City in favor of appellee Danielle Finch, next friend of Tyaih Dodd, a minor (collectively “appellee”). Appellants present twelve issues for our consideration, which we have rephrased as such:

I. Whe... More...
   $0 (12-03-2010 - MD)

Alpha Construction and Engineering Corproation v. The Insurance Company of the State of Pennsylvania

The plaintiffs in this declaratory judgment action, Alpha Construction and Engineering Corporation (“Alpha”), Rummel, Klepper & Kahl (“RKK”), United States Fidelity and Guaranty Company (“USF&G”), and The American Insurance Company (“American”) (collectively, the “Plaintiffs”), appeal from the district court’s judgment in favor of defendant The Insurance Company of the State ... More...   $0 (09-22-2010 - MD)

Janay Barksdale v. Leon Wilkowsky, et al.

This appeal arises from a lawsuit filed by appellant, Janay Barksdale, against appellees, G&S Real Estate and its two partners, Stewart Sachs and Ronald Greenwald, in which she alleged that she suffered “severe and permanent brain damage” as a result of exposure to lead-based paint in a rental property owned by appellees.1 Following a five-day trial in the Circuit Court for Baltimore City, the... More...   $0 (05-07-2010 - MD)

Weichert Co. of Maryland, Inc. v. Dorothy Crago Faust, et al.

These consolidated appeals arise from an employment dispute between appellant, Weichert Company of Maryland, Inc. (“Weichert”), and appellee, Dorothy Crago Faust (“Faust”). Weichert brought suit against Faust in the Circuit Court for Montgomery County, alleging breach of contract, employee piracy, breach of fiduciary duty, and unfair competition. Faust counterclaimed for breach of contract... More...   $0 (03-01-2010 - MD)

Lydia Friedman, et al. v. Jerome B. Hannan

In this case we interpret Section 4-105(4) of Md. Code (1974, 2001 R epl. Vo l.) Estates & Trusts Article (“ET”), which directs that provisions in a will “relating to the spouse” be revoked upon divorce from that person. We hold that the automatic revocation provision of ET Section 4-105(4) is not limited to bequ ests to a former spouse, and may include bequests to a former spouse’s fami... More...   $0 (01-29-2010 - MD)

Deborah L. Pfeiffer v. Phoenix Insurance Company

Appellant/cross-appellee Deborah L. Pfeifer (“Ms. Pfeifer”) appeals the sufficiency of a jury verdict in the Circuit Court for Baltimore County for $100,000 in damages against appellee/cross-appellant Phoenix Insurance Company (“Phoenix”) for breach of contract regarding an underinsured motorist claim. Ms. Pfeifer presents one issue for our consideration, which we have rephrased as such:More...   $0 (01-04-2010 - MD)

CSR, Limited v. Andrea Taylor, et al.

This case requires us to determine whether the Circuit Court for Baltimore City would have been justified in exercising in personam jurisdiction over Petitioner, Colonial Sugar Refining Co., Ltd. (“CSR”), an Australian business entity, under the circumstances presented in this case. Andrea Taylor and Mary Fuchsluger (collectively, “Respondents”) are the personal representatives of the esta... More...   $0 (11-16-2009 - MD)

Ford Motor Credit Company v. Nicole Perrell, et al.

John and Sarah Shumaker, appellees,1 filed a class action complaint in the Circuit Court for Howard County against Ford Motor Credit Company (“FMC”), appellant, for alleged violations of the following statutes: 1) Maryland’s Credit Grantor Closed End Provisions (“CLEC”), Md. Code (1975, 2005 Repl. Vol.), Commercial Law Article (“CL”) §§ 12-1001 et seq.; 2) Maryland’s Consumer Pro... More...   $0 (11-02-2009 - MD)

Barbara Abrishamian v. Earl Barbely

This case arises from a tort suit brought by appellant, Barbara Abrishamian, against appellee, Earl Barbely, in the Circuit Court for Montgomery County. Prior to the start of testimony, appellant moved for the judge’s recusal, which motion the trial court denied. During testimony, appellant moved for a mistrial based on the admission of prejudicial evidence, which the trial court also denied. Af... More...   $0 (10-05-2009 - MD)

Mary Gray v. Cpl. Mario Chavez, et al.

Bryan Gray was killed when the Chevrolet Beretta that he was driving was hit by a Prince George's County patrol car being driven at twice the posted speed limit on a residential street by Cpl. Mario Chavez in December 2007. Gray was on his way to the University of Maryland to take an examination and was being followed by his mother. He was attempting to execute a left turn his his car was hit by... More...   $4000000 (09-19-2009 - MD)

 
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