Powell v. Breslin, 430 Md. 52

Powell I involved claims of medical negligence and lack of informed consent in epidural anesthesia administered to Jackie Powell, with the action initially filed in 2004 and later amended to add defendants including Dr. Breslin and his professional association.
A Certificate of Qualified Expert by Dr. Burt, who lacked vascular-surgery expertise, led Judge Allison to grant summary judgment for the Appellees in Powell I in January 2007, based on insufficient certification.
Powell appealed Powell I, which was ultimately decided by this Court in Powell I (2011) and held that dismissal without prejudice was the proper remedy for an insufficient Certificate, potentially disturbing the pending merits.
Powell then pursued Powell II (a second, identical claim) in 2007, arguing res judicata barred relitigation, while defendants moved for summary judgment on that basis.
Judge Pierson granted summary judgment in Powell II in March 2008, and Judge Cannon later vacated/uploads summary judgment due to a clerk’s failure to mail notices, granting a renewed summary judgment in November 2008.
Powell appealed, and this Court ultimately held that res judicata barred Powell II because Powell could have pursued protective procedural avenues and did not preserve his claims before Powell I was final.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does res judicata bar Powell II?	Powell argues that Powell I’s judgment should not bind Powell II since Powell II challenges preclusive effects of Powell I’s summary judgment.	Appellees contend Powell II relitigates the same claims between the same parties and is barred by final judgment in Powell I.	Yes; res judicata bars Powell II.
Were there grounds under Md. Rule 2-535(b) to reopen Powell II?	Powell asserts fraud, mistake, or irregularity in proceedings warrants relief to vacate Powell II’s final judgment.	Appellees deny existence of fraud, mistake, or irregularity warranting relief under Rule 2-535(b).	No; no fraud, mistake, or irregularity proven.
Did Powell have other means to preserve the substantive claims while Powell I/II progressed?	Powell could have stayed Powell II, pursued protective appeals, or used stays to toll limitations.	Powell failed to pursue available stays or protective measures; res judicata should apply.	Yes; Powell failed to employ available procedural means.
Was Powell’s procedural history properly analyzed under the standards of review for summary judgment and revisory decisions?	Powell contends error in application of res judicata and in revisory rulings.	Court correctly applied res judicata and denied Rule 2-535(b) relief.	Correct application; no reversible error found.

Alvey v. Alvey, 225 Md. 386 (1961) (res judicata governs later proceedings between same parties)
Mackall v. Zayre Corp., 293 Md. 221 (1982) (same cause of action doctrine applies to bar relitigation)
Cook v. State, 281 Md. 665 (1978) (final judgment on merits binds later proceedings)
Fledderman v. Fledderman, 112 Md. 226 (1910) (final judgment on merits binds later actions)
Garrett Park v. Montgomery Cty. Council, 257 Md. 250 (1970) (preclusive effect even if prior ruling erroneous)
Fertitta v. Brown, 252 Md. 594 (1969) (res judicata applies to prevent relitigation of decided issues)
Lusby v. Baltimore Transit Co., 199 Md. 283 (1952) (res judicata applies to final judgments)
Gonsalves v. Bingel, 194 Md.App. 695 (2010) (res judicata preserves finality even if error in prior ruling)
Grimes v. Kennedy Krieger Inst., Inc., 366 Md. 29 (2001) (standard for evaluating final judgments and remedies)
Hresko v. Hresko, 83 Md.App. 228 (1990) (fraud defined as collateral to issues tried)
Tandra S. v. Tyrone W., 336 Md. 303 (1994) (definition of mistake; jurisdictional error outlined)
Converge Services v. Curran, 383 Md. 462 (2004) (stay as a remedy when parallel actions exist)
Md. Reclamation Assocs. v. Harford Cnty., 382 Md. 348 (2004) (stay to exhaustion of administrative remedies)
Crawford v. Md.-Nat'l Capital Park & Planning, 307 Md. 1 (1986) (stay when two remedies are available)