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Circuit Court for Dorchester County Case No.: 09-C-16-023640 UNREPORTED
Circuit Court for Dorchester County Case No.: 09-C-16-023640 UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 449 September Term, 2018 ______________________________________ MARGARET FLEISHELL v. MARK RITCHIE HOWARD ______________________________________ Graeff, Shaw Geter, Salmon, James P. (Senior Judge, Specially Assigned), JJ. ______________________________________ Opinion by Salmon, J. ______________________________________ Filed: May 3, 2019 * This is an unreported opinion, and it may not be cited in any paper, brief, motion, or other document filed in this Court or any other Maryland Court as either precedent within the rule of stare decisis or as persuasive authority. Md. Rule 1-104. —Unreported Opinion— On Memorial Day in 2015, Margaret Fleishell, the appellant, and Mark Howard, the appellee, were involved in a T-bone collision in an intersection near Denton, Maryland. Fleishell brought a negligence action against Howard in the Circuit Court for Dorchester County alleging that, under the Boulevard Rule, she was the favored driver and he had failed to yield the right of way to her. She further alleged that Howard’s failure to yield caused the collision. Mr. Howard, in turn, contended that Fleishell’s contributory negligence was a cause of the accident. At the close of discovery, Fleishell moved for partial summary judgment on the issues of negligence and contributory negligence. Following a hearing, the circuit court granted summary judgment in favor of Fleishell on the issue of Howard’s primary negligence, but denied the motion on the issue of Fleishell’s contributory negligence. The issues of Fleishell’s negligence and her damages were tried by a jury. Fleishell’s motions for judgment on the issue of contributory negligence were denied at the close of her case and at the close of all the evidence. -
Survey of Maryland Court of Appeals Decisions 1975-1976
Maryland Law Review Volume 37 | Issue 1 Article 5 Survey of Maryland Court of Appeals Decisions 1975-1976 Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Recommended Citation Survey of Maryland Court of Appeals Decisions 1975-1976, 37 Md. L. Rev. 61 (1977) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol37/iss1/5 This Recent Decisions is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. Survey of Maryland Court of Appeals Decisions 1975-1976 I. ADMINISTRATIVE LAW 1. MARYLAND COMMISSION ON HUMAN RELATIONS - INVES- TIGATORY AND ENFORCEMENT POWERS - Banach v. State Commis- sion on Human Relations,' State Commission on Human Relations v. Amecom. 2 - Article 49B of the Maryland Annotated Code prohibits discrimination on the basis of race, color, religion, sex, national origin, marital status, or physical or mental handicap, and establishes the Commission on Human Relations, an administrative agency, to enforce the statutory anti-discrimination provisions. 3 The Commission has jurisdiction 4 over alleged discriminatory practices involving public accommodations, 6 7 employment,5 housing, and financing. When an individual believes that he is a victim of discrimination, he may file a complaint with the Commission.8 Moreover, the Commission. itself is authorized to file a complaint in its own name upon receipt of reliable information of a discriminatory practice, provided a preliminary investigation discloses that the filing of a complaint is warranted. -
New York Criminal Law Newsletter a Publication of the Criminal Justice Section of the New York State Bar Association
NYSBA WINTER 2018 | VOL. 16 | NO. 1 New York Criminal Law Newsletter A publication of the Criminal Justice Section of the New York State Bar Association In This Issue: n New Criminal Justice Legislation n Cell Phone Search and Seizure n Fraud Case Disclaimers n The REDEEM Act and Sealing n Photos from Nassau County Bar Event Get Ready for the 2018 Young Lawyers Section’s Trial Academy The Criminal Justice Section is pleased to co-sponsor the NYSBA Young Lawyers Section’s annual Trial Academy, and offer a scholarship to attend the Academy. The Young Lawyers Section Trial Acad- emy is the New York State Bar Association’s only comprehensive trial training program. This intensive five-day trial techniques and advocacy program is geared toward young and new lawyers—teaching, advancing, and improving the quality of their experience in the courtroom, in order to benefit their ca- reers and their client’s interests. The Trial Academy will be held Wednesday, April 4, through Sunday, April 8, 2018. Participating in the Trial Academy is the perfect opportunity to gain critically important trial ex- perience outside of the courtroom. Participants attend a morning lecture on an aspect of a trial and spend the afternoons in small groups with their designated team leader demonstrating the day’s trial skill from a previously provided fact pattern. One-on-one critiques will be provided by a rotating fac- ulty made up of NYSBA leadership and leading litigators, advocates and judges from every region of New York. The Trial Academy is open to any attorney wishing to learn or improve upon their trial skills and provides a unique opportunity for participants to have a meaningful experience which extends be- yond a typical classroom setting. -
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John Grady, et al. v. Darin Donell Brown No. 85, September Term, 2008. NEGLIGENCE AS A MATTER OF LAW - BOULEVARD RULE Respondent was not negligent as a matter of law in the motor tort suit brought by petitioners, despite entering on the roadway upon which petitioner Grady, the favored driver, traveled, because he stopped and yielded the right-of-way to petitioner. The Circuit Court properly applied the Boulevard Rule and did not err in denying petitioners’ Motion for Judgment Notwithstanding the Verdict. In the Circuit Court for Baltimore City Case No. 24-C-05-008226 IN THE COURT OF APPEALS OF MARYLAND No. 85 September Term, 2008 John Grady, et al. v. Darin Donell Brown Bell, C.J. Harrell Battaglia Greene Murphy Raker, Irma S. (Retired, specially assigned) Wilner, Alan M. (Retired, specially assigned) JJ. Opinion by Raker, J. Bell, C.J., and Harrrell and Wilner, JJ. Dissent. Filed: April 7, 2009 This motor tort case involves the Boulevard Rule. We must decide whether the Circuit Court for Baltimore City erred in denying petitioners’ Motion for Judgment Notwithstanding the Verdict on the grounds that, based on the Boulevard Rule, respondent’s operation of his vehicle was negligent as a matter of law. The Court of Special Appeals affirmed, as shall we. I. This case arises from a motor vehicle accident which occurred on the morning of March 16, 2005, on Falkirk Road near the intersection of Gittings Avenue in Baltimore City. Petitioner Grady and his wife, Jacqueline Grady, filed an action sounding in negligence against respondent Brown and his father, Vern Milton Brown.1 Grady was operating his motorcycle on the favored highway, Falkirk Road, and Brown was operating a motor vehicle on the unfavored highway, an alley leading into Falkirk. -
THE MARYLAND BOULEVARD RULE: a TIME for CHANGE Maryland's Boulevard Rule Has Survived Frequent Challenge and the Apparent Harshness of Its Results in Recent Cases
University of Baltimore Law Review Volume 6 Article 3 Issue 2 Spring 1977 1977 Notes and Comments: The aM ryland Boulevard Rule: A Time for Change John William Debelius III University of Baltimore School of Law Follow this and additional works at: http://scholarworks.law.ubalt.edu/ublr Part of the Law Commons Recommended Citation Debelius, John William III (1977) "Notes and Comments: The aM ryland Boulevard Rule: A Time for Change," University of Baltimore Law Review: Vol. 6: Iss. 2, Article 3. Available at: http://scholarworks.law.ubalt.edu/ublr/vol6/iss2/3 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Review by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. NOTES AND COMMENTS THE MARYLAND BOULEVARD RULE: A TIME FOR CHANGE Maryland's boulevard rule has survived frequent challenge and the apparent harshness of its results in recent cases. The author examines the development and application of the rule and questions both the historical bases and judicial justifications for the rule's modern viability. I. INTRODUCTION Several Maryland decisions in the past few years point once again to the need for a critical re-evaluation of the Maryland boulevard rule. 1 The stream of cases trying unsuccessfully to carve exceptions into the rule continues, and while inequity is no stranger to the application of this curious rule, the recent trend toward absoluteness in its interpretation by the courts is disturbing. -
1 the Court Notes That Defendant Evans Has Filed an Amended Motion for Summary Judgment
Case 8:04-cv-01005-AW Document 41 Filed 08/03/05 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION DAVID B. MARCHISILLO, Plaintiff, Civil Action No. AW-04-1005 v. KENNETH LOUIS DAVIS, and CORY DWIGHT EVANS, Defendants. MEMORANDUM OPINION Plaintiff David B. Marchisillo (“Plaintiff” or “Marchisillo”) bring this diversity action against Defendants Kenneth Louis Davis (“Davis”) and Cory Dwight Evans (“Evans”) (collectively, “Defendants”), alleging a sole claim of negligence stemming from personal injuries sustained by Plaintiff in an automobile accident. Currently before the Court are the following motions: Davis’s Motion for Summary Judgment [29], Evans’s Motion for Summary Judgment [33], and Davis’s Motion to Strike Affidavit [39]. The Court has reviewed the pleadings and applicable law and has determined that a hearing is unnecessary. See Local Rule 105(6) (D. Md. 2004). For the following reasons, both Defendants’ Motions for Summary Judgment and Defendant Davis’s Motion to Strike are denied.1 FACTUAL & PROCEDURAL BACKGROUND The following facts are taken in the light most favorable to the non-movant. On April 3, 2001, at approximately 11:30 a.m., Marchisillo and his son were traveling in Marchisillo’s van, driving his son home 1 The Court notes that Defendant Evans has filed an Amended Motion for Summary Judgment. Because the substance of that motion appears to be duplicative of Evans’s prior Motion for Summary Judgment, the Amended Motion is similarly denied. Case 8:04-cv-01005-AW Document 41 Filed 08/03/05 Page 2 of 11 to buy some food. -
Transcript, Thus
1 1 BEFORE THE NEW YORK STATE SENATE FINANCE AND ASSEMBLY WAYS AND MEANS COMMITTEES 2 ---------------------------------------------------- 3 JOINT LEGISLATIVE HEARING 4 In the Matter of the 2018-2019 EXECUTIVE BUDGET 5 ON TRANSPORTATION 6 ---------------------------------------------------- 7 Hearing Room B 8 Legislative Office Building Albany, New York 9 January 25, 2018 10 9:37 a.m. 11 12 PRESIDING: 13 Senator Catharine M. Young Chair, Senate Finance Committee 14 Assemblywoman Helene E. Weinstein 15 Chair, Assembly Ways & Means Committee 16 PRESENT: 17 Senator Liz Krueger Senate Finance Committee (RM) 18 Assemblyman Robert Oaks 19 Assembly Ways & Means Committee (RM) 20 Senator Diane J. Savino Vice Chair, Senate Finance Committee 21 Assemblyman David Gantt 22 Chair, Assembly Committee on Transportation 23 24 2 1 2018-2019 Executive Budget Transportation 2 1-25-18 3 PRESENT: (Continued) 4 Assemblywoman Amy Paulin Chair, Assembly Committee on Corporations, 5 Authorities & Commissions 6 Assemblyman Phil Steck 7 Assemblyman James Skoufis 8 Senator Timothy Kennedy 9 Assemblyman Steven Otis 10 Senator Martin Malave Dilan 11 Assemblywoman Vivian E. Cook 12 Assemblywoman Nily Rozic 13 Assemblyman David G. McDonough 14 Senator Gustavo Rivera 15 Assemblywoman Pamela J. Hunter 16 Assemblywoman Alicia Hyndman 17 Senator Leroy Comrie 18 Assemblywoman Nicole Malliotakis 19 Senator Todd Kaminsky 20 Assemblyman Robert C. Carroll 21 Assemblywoman Earlene Hooper 22 Assemblyman Kevin Byrne 23 Assemblyman John T. McDonald III 24 Assemblywoman Jaime R. Williams 3 1 2018-2019 Executive Budget Transportation 2 1-25-18 3 PRESENT: (Continued) 4 Assemblywoman Jo Anne Simon 5 Assemblyman David Buchwald 6 Assemblyman Félix W. Ortiz 7 8 LIST OF SPEAKERS 9 STATEMENT QUESTIONS 10 Joseph J. -
Oran's Dictionary of The
ORAN’S DICTIONARY OF THE LAW 3rd Edition Daniel Oran, J.D. Mark Tosti, J.D. Contributing Author Africa • Australia • Canada • Denmark • Japan • Mexico • New Zealand • Philippines • Puerto Rico • Singapore • Spain United Kingdom • United States NOTICE TO THE READER Publisher does not warrant or guarantee any of the products described herein or perform any independent analysis in connection with any of the product information contained herein. Publisher does not assume, and expressly disclaims, any obligation to obtain and include information other than that provided to it by the manufacturer. The reader is notified that this text is an educational tool, not a practice book. Since the law is in constant change, no rule or statement of law in this book should be relied upon for any service to any client. The reader should always refer to standard legal sources for the current rule or law. If legal advice or other expert assistance is required, the services of the appropriate professional should be sought. The Publisher makes no representation or warranties of any kind, including but not limited to, the warranties of fitness for particular purpose or merchantability, nor are any such representations implied with respect to the material set forth herein, and the publisher takes no responsibility with respect to such material. The publisher shall not be liable for any special, consequential, or exemplary damages resulting, in whole or part, from the readers’ use of, or reliance upon, this material. West Legal Studies Staff: Business Unit Director: Susan Simpfenderfer Executive Acquisitions Editor: Marlene McHugh Pratt Acquisitions Editor: Joan Gill Editorial Assistant: Lisa Flatley Executive Marketing Manager: Donna Lewis Channel Manager: Nigar Hale Executive Production Manager: Wendy Troeger Production Editor: Betty L.