FOY v. PRUDENTIAL INS. CO.

No. 106, September Term, 1988.

316 Md. 418 (1989)

559 A.2d 371

ALICE JOYCE FOY v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA ET AL.

Court of Appeals of Maryland.

June 19, 1989.


Attorney(s) appearing for the Case

Samuel M. Grant (David J. Preller, Sr., Preller and Preller, all on brief), Baltimore, for appellant.

Thomas M. Wood, IV (Peter F. Axelrad, William L. Reynolds, Brian L. Wallace, Frank, Bernstein, Conaway & Goldman, all on brief), Benson Everett Legg (Venable, Baetjer and Howard, both on brief), Baltimore, for appellees.

Argued before ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ., and MARVIN H. SMITH, Associate Judge of the Court of Appeals of Maryland (retired), Specially Assigned.


MARVIN H. SMITH, Judge, Specially Assigned.

We shall here hold that a trial judge erred when he entered summary judgment in favor of all defendants as to all counts of a complaint based on the fact that the subject matter was preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"). Plaintiff had included a well-pleaded count in her complaint based specifically on ERISA. In the view we take of this case in the light of the way it reaches us procedurally...

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