DOE v. BD. OF EDUC., MONTGOMERY CO.

[No. 135, September Term, 1981.]

295 Md. 67 (1982)

453 A.2d 814

JOHN DOE ET AL. v. BOARD OF EDUCATION OF MONTGOMERY COUNTY, MARYLAND ET AL.

Court of Appeals of Maryland.

Decided December 22, 1982.


Attorney(s) appearing for the Case

Argued by E. John Domingues, with whom were Darrel L. Longest and Bernstein & Longest on the brief, for appellants. Reargued by E. John Domingues and Darrel L. Longest, with whom were Bernstein & Longest on the brief, for appellants.

Argued and reargued by Paul V. McCormick, with whom were Mary E. McCormick and McCormick, Sullivan & Talbott on the brief, for appellee Board of Education of Montgomery County, Md. and by H. Kenneth Armstrong, with whom were William A. Ehrmantraut and Donahue, Ehrmantraut & Montedonico, Chartered on the brief, for appellees Montgomery County and Montgomery County Department of Health.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ., and was reargued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ., and J. DUDLEY DIGGES, Associate Judge of the Court of Appeals (retired), specially assigned.


SMITH, J., delivered the opinion of the Court. ELDRIDGE, COLE and DAVIDSON, JJ., dissent. ELDRIDGE, J., filed a dissenting opinion at page 80 infra, in which COLE and DAVIDSON, JJ., concur.

Once again we shall reject an attempt to obtain money damages as a result of alleged negligence or "educational malpractice" in the Montgomery County school system. Hunter v. Bd. of Educ., Mont. Co., 292 Md. 481, 439...

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