62 A.3d 200
Md. Ct. Spec. App.2013Background
- Waicker appeals a circuit court summary judgment in favor of Waicker on personal liability in a lead paint case; court denied sanctions for harassment at that stage.
- Plaintiffs alleged exposure to peeling lead paint at 1608 N. Chapel Street during 1988-1995 and pursued CPA claims; Waicker claimed he never owned/operated the property and had no day-to-day duties.
- Waicker, as President of IRS, denied personal involvement in rental/maintenance; IRS managed properties and employed a property manager.
- RMA between Sandy Gholson and IRS made IRS the operator; Waicker supervised finances but had no control over day-to-day management.
- Appellants argued Waicker was an “operator” under Baltimore City Code art. 13, § 105 and § 310; Waicker argued IRS was the operator and he had no actionable involvement.
- Court held Waicker was not an operator and, even if an operator, no evidence of personal participation; sanctions claim also rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Waicker is personally liable as an operator under Housing Code §310(a). | Toliver/ Parker contend Waicker had charge, care, control of the Property. | Waicker contends IRS was the operator; he had no day-to-day involvement. | Waicker not an operator; no triable issue. |
| Whether Waicker should be sanctioned for filing the complaint without substantial justification. | Waicker's counsel pursued repeated suits; opponents argue harassment. | Court previously indicated law status made sanctions inappropriate. | Sanctions denial affirmed; no bad-faith finding. |
Key Cases Cited
- Shipley v. Perlberg, 140 Md.App. 257 (Md. App. 2001) (corporate officer not personally liable as operator absent direct involvement)
- Allen v. Dackman, 413 Md. 132 (Md. 2010) (corporate officer personal liability requires personal participation or direction)
- Metromedia Co. v. WCBM Maryland, Inc., 327 Md. 514 (Md. 1992) (corporate liability standards for officers; general rule and exceptions)
- Tedrow v. Deskin, 265 Md. 546 (Md. 1972) (common-law basis for officer liability for participation)
- Allen v. Dackman (Allen), 413 Md. 132 (Md. 2010) (expanded concept of ownership/control in Housing Code context)