Butler v. S & S Partnership
207 Md. App. 60
Md. Ct. Spec. App.2012Background
- Butler filed a 139-page complaint in Baltimore City Circuit Court seeking damages for lead paint exposure at Linden and Bryant Avenues; defendants included S&S G.P., Shpritz, Benjamin, S&S, Rochkinds, N.B.S., Dear Management, and Runkles.
- Discovery followed with motions challenging ownership, lead presence, and admissibility of Arc testing and Dr. Klein’s affidavit; scheduling order modifications governed deadlines.
- Court ruled to strike Arc reports for both properties and Klein’s affidavit for noncompliance with the scheduling order; some motions granted in favor of appellees.
- Appellant challenged several rulings on appeal; the Court affirmed the trial court’s decisions.
- At issue were CPA causation theories and whether evidence supported a prima facie case given the timing of ownership and testing.
- Final dispositions included dismissal of NB.S. and various other claims against certain defendants; remaining claims were resolved in appellees’ favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ownership issue for NB.S. under housing code | Butler contends NB.S. had ownership via indemnity deed | Court properly found NB.S. not owner under code | No genuine ownership; summary judgment for NB.S. affirmed |
| Arc Bryant Avenue testing timing and notice | Notice not required when owner not defendant; testing valid | Scheduling order required notice and attendance; testing untimely | Arc Bryant test excluded; ruling affirmed that testing violated scheduling order |
| Klein affidavit and capillary tests admissibility | Capillary tests reliable; Klein affidavit supported causation | Capillary tests unreliable without venous confirm; Klein affidavit flaws | Klein affidavit and Arc Linden/Bryant reports excluded; partial summary judgment granted for some defendants |
| CPA claims and causation evidence at Linden/Bryant | Evidence showed housing-code violations caused injuries | No evidence of deterioration at inception; causation not proven | CPA claims dismissed for Bryant; Linden causation not established; overall summary judgments for some defendants affirmed |
Key Cases Cited
- Livesay v. Baltimore County, 384 Md. 1 (Md. 2004) (standard for de novo review of summary judgments; discovery discretion)
- Dorsey v. Nold, 362 Md. 241 (Md. 2001) (sanctions and scheduling orders; discovery deadlines)
- Shelton v. Kirson, 119 Md. App. 325 (Md. 1998) (admissibility of expert testimony when not timely identified)
- Maddox v. Stone, 174 Md. App. 489 (Md. 2007) (substantial compliance with scheduling orders sufficient; sanctions discretionary)
- Livingstone v. Greater Washington Anesthesiology & Pain Consultants, 187 Md. App. 346 (Md. 2009) (sanctions and scheduling orders; importance of timely compliance)