Successfully argued a motion to dismiss in Delaware involving the representation of a charter school.
Successfully argued a motion for summary judgment in Maryland in defense of a swimming facility alleged to have failed to prevent a child from nearly drowning.
Successfully argued a motion to dismiss in Delaware involving the representation of a charter school.
Successfully argued a motion for summary judgment in Maryland in defense of a swimming facility alleged to have failed to prevent a child from nearly drowning.
Melissa Murphy-Petros (Of Counsel-Chicago, IL), Brigitte Smith (Partner-Baltimore, MD), and Zachary Miller (Associate-Baltimore, MD) represented a provider of public transportation services in Baltimore City to those with physical disabilities. The legally blind plaintiff, a regular rider, filed suit after he suffered a severe fracture when he fell on ice while walking from his front door to our client’s bus. The plaintiff claimed that our driver was negligent in not assisting him while he walked to the bus as the driver was required to do, but admitted that he did not wait for the driver to help him on the day of his injury. The case was tried to a defense verdict by Brigitte and Zak and Melissa handled the appeal. The appellate court affirmed the judgment on the jury’s verdict. The only issue plaintiff raised on appeal was the trial court’s order denying his motion to strike a supplemental medical expert opinion that we disclosed approximately 10 days before trial. It was plaintiff’s position that this testimony at trial was the basis for the jury’s defense verdict and it should not have been allowed, so he was entitled to a new trial. In the end, the court agreed with our argument that plaintiff’s own dilatory conduct in discovery led to the late timing of our supplemental disclosure in the first place, so the trial judge did not abuse her discretion in denying plaintiff’s motion to strike.
Melissa A. Murphy-Petros, Brigitte J. Smith and Zachary Miller
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