SMILEY v. ATKINSON

No. 569, September Term, 1970.

12 Md. App. 543 (1971)

280 A.2d 277

WALTER SMILEY ET AL. v. LILLIAN ATKINSON, ADMINISTRATRIX OF THE ESTATE OF JOHN C. ATKINSON ET AL.

Court of Special Appeals of Maryland.

Decided August 3, 1971.


Attorney(s) appearing for the Case

Robert B. Barnhouse, with whom were James P. Gillece, Jr., and Piper & Marbury on the brief, for appellants.

Max R. Israelson, with whom were Joseph I. Pines and Israelson, Pines & Jackson and S. Michael Floam on the brief, for appellees. A. Gus Mastracci, Assistant City Solicitor, and Clayton A. Dietrich, Chief Assistant Solicitor, with whom was George L. Russell, Jr., City Solicitor of Baltimore City, on the brief, for George Francis Gunzelman, one of the appellees.

The cause was argued before ORTH, MOYLAN and POWERS, JJ.


POWERS, J., delivered the opinion of the Court.

This case involves procedural questions, the law of last clear chance, and $90,000.00.

John C. Atkinson filed suit in the Superior Court of Baltimore City claiming damages for injuries sustained in a motor vehicle accident. In a separate count he and his wife, Lillian F. Atkinson, jointly claimed compensation for damage to their conjugal relationship. They named as defendants, Walter Smiley and his employer,...

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