Downs Ward Bender Herzog & Kintigh, P.A.

Wrongful Detainer

Megan Freeman successfully argued for judgment of possession on behalf of her client, a continuing care retirement community, in a wrongful detainer case. This case presented an interesting legal issue as efforts to remove a resident from a continuing care retirement community are not governed by traditional landlord tenant law pursuant to the Maryland Code of Human Services. Instead, they are filed as wrongful detainer actions once proper notice of termination has been provided.

Premises Liability Defense

Elaine Wilford was granted summary judgment in favor of her client in a case involving claims of mold growth and pest infestation. The Plaintiff failed to respond to discovery requests, including Requests for Admissions of Fact. As such, Elaine argued that all factual admissions are deemed admitted, so there was no genuine dispute of material fact, and her client was entitled to judgment as a matter of law. At a hearing in the Circuit Court for Baltimore County, summary judgment was granted to Elaine’s client.

Auto Accident Defense

Elaine Wilford obtained a defense verdict in the District Court for Baltimore City in a case arising out of an intersection accident. Elaine successfully argued that the Plaintiff could not establish by a preponderance of the evidence that her left turn arrow was green upon entering the intersection. Plaintiff failed to have any corroborating witnesses or traffic light sequencing data leaving the judge’s mind in a state of parity.

Auto Accident Defense

Zachary Greenbaum obtained a defense verdict in the District Court for Baltimore City in favor of his ride share driver client. This case was brought by a ride share passenger against the ride share driver and an adverse vehicle. Zach successfully argued that his client had no liability as the adverse driver entered into his client’s lane of travel.

Defamation Defense

Zachary Greenbaum had his clients dismissed with prejudice in a case involving allegations of aiding and abetting defamatory statements made by a codefendant in the Circuit Court for Montgomery County. Zach’s clients, a religious organization and its staff, were accused of providing financial, material and legal aid to the Plaintiff’s ex-wife, a codefendant. Zach argued, and the court agreed, that the Complaint did not state a claim upon which relief could be granted as there were no allegations that the religious organization or its staff knew of, supported, or were involved in the alleged defamation. Zach also successfully defeated a vicarious liability claim by arguing that the religious organization could not be held liable in the absence of any wrongful acts of its employees.

Construction Defect Defense

Margaret Fonshell Ward received a defense verdict in a construction defect case after a successful argument that the Plaintiff’s claims were barred by the statute of repose.