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SMITH v. BERNIER

Civ. Nos. PN-87-2321, PN-87-2322.

701 F.Supp. 1171 (1988)

Jeffrey SMITH, et al. v. Richard Dennis BERNIER, Jr., et al. (Two Cases).

United States District Court, D. Maryland.

October 27, 1988.

Attorney(s) appearing for the Case

Robert S. Gordon, Rockville, Md., for plaintiffs.

James R. Eyler, and Carol A. O'Day, Miles & Stockbridge, Baltimore, Md., and Alfred L. Scanlan, Jr., William G. Ohlhausen, David A. Rosenberg, and Levan, Schimel, Richman & Belman, P.A., Columbia, Md., for defendants Mattingly Const., Inc. and Sheila S. Mattingly, individually and trading as Mattingly Builders.

J. Joseph Curran, Jr., Atty. Gen. of Md., and Lawrence H. Norton and Carolyn Quattrocki, Asst. Attys. Gen. of Md., for defendants Wayne Clingan, Gene Straub, Wayne Bittinger and the State of Md.

OPINION

NIEMEYER, District Judge.

On the evening of September 25, 1984, William and Rose Smith, who were proceeding westward on Interstate Route I-70 in Frederick County, Maryland, collided with a dump truck which entered the highway from a crossover. They died as the result of their injuries. The truck was operated by Richard Bernier who was working as part of a construction effort involved in the paving of...

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