WATERS v. SMITH

No. 557, September Term, 1974.

27 Md. App. 642 (1975)

342 A.2d 8

OSCAR L. WATERS, JR., ET AL. v. STEDMAN W. SMITH ET AL.

Court of Special Appeals of Maryland.

Decided July 28, 1975.


Attorney(s) appearing for the Case

Morton J. Owrutsky and Robert A. Eaton, with whom were Perdue, Owrutsky & Whitehead on the brief, for appellants.

John W.T. Webb, with whom were Webb, Burnett & Simpson on the brief, for appellees Smith and Womack; and John F. King, with whom were Anderson, Coe & King on the brief, for appellees Rimer and Johnson.

The cause was argued before MORTON, POWERS and MASON, JJ.


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

Trial of this medical malpractice case before Judge John Grason Turnbull and a jury in the Circuit Court for Baltimore County was aborted on the sixth day of trial. In this appeal we are concerned only with why and how the trial was terminated, and with subsequent proceedings in the case after 30 October 1973, the day the trial ended.

The plaintiffs below, appellants here, are the parents and Committee of the...

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