The recent unreported case of Baker v. L & E Bustamante Concrete Co., Inc. shows that a Maryland court is not required to force a subcontractor to prove how much a homeowner owes the general contractor when the sub seeks a mechanic’s lien. This is the case even when it is suggested to the court that owner fully paid the general contractor. In Baker the […]
The Maryland Court of Appeals recently handed down a decision which permits the finding of host and server liability in an unprecedented fashion. This case jointly decided two cases one involving a 17 year old Steven Dankos (“Steven”) who was killed while riding in the bed of a 22 year old intoxicated driver’s pickup truck. Steven’s mother sued Linda Stapf, the owner of a home […]
There have been a couple changes in Maryland Law impacting contractors. The first is there are a few minor changes in the rescission notice in door to door sales which make it less cumbersome. The second is that repair work is not defined as a door to door sale if the contractor is called in. The most significant change is that as of July 1, […]
In the recent case of St. Cyr v. St. Cyr, the Maryland Court of Special Appeals upheld a determination that a wife involved in a divorce case was capable of earning income of $10 an hour despite the fact that she had cancer (Hodgkin’s Lymphoma) and had not worked for years. The court indicated that the wife was voluntarily impoverished and that the determination regarding […]
The recent unreported case of Ziegler v. Ziegler decided by the Maryland Court of Special Appeals discusses several divorce issues. In Zeigler, the trial court granted a divorce on grounds of 12 month separation. The trial court did this despite the fact that the period of a protective order was included in the calculation of the separation period. While the Court of Special Appeals concluded […]
Driving that train, high on cocaine, Casey Jones you better watch your speed. Trouble ahead, trouble behind, And you know that notion just crossed my mind… This quote predicates the recent opinion which Judge Glenn Harrell writes for the Maryland Court of Special Appeals in Montgomery County v. Bhatt. In Maryland, as in many other states, landowners can lose title to all or a […]
The recent case of Oganov v. Oganov involved an appeal from a decision of Judge Cynthia Callahan of the Montgomery County Circuit Court. Judge Callahan awarded sole legal and primary physical custody to the mother. The mother appealed, apparently being concerned that the use of the language “primary physical” diminished her status as sole legal custodian. The Court of Special Appeals held that the use […]
Reginal Hill claimed he was infected with hepatitis C by an air gun inoculation in 1977. He also claimed that he did not realize this until much later and thus waited until August 2015 to file his personal injury claim. However, Judge Ellen Hollander of the United States District Court dismissed his case because she felt he had waited too long. She also determined that […]
Judge Michelle Hotten’s well-reasoned but unpublished opinion in the case of Glen Valley Builders v. Whang may finally offer hope for exploited unlicensed contractors. The Court of Special Appeals Judge recently authored an opinion for a three judge panel in a case where an unlicensed contractor sought to be paid for home improvement work guaranteed by a licensed new home builder. The facts of the […]
In the recent case of Roy v. Dackman, the Maryland Court of Appeals determined that a pediatrician was competent to testify as to the cause of lead poisoning even though he admitted that he had no direct hands-on experience with treating lead poisoning patients. The court stated, as a general proposition, in order to qualify as an expert, the witness need not possess special knowledge […]