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CASPER v. CHAS. F SMITH & SON

Nos. 127, 128, September Term, 1987.

316 Md. 573 (1989)

560 A.2d 1130

DANIELLE CASPER, AN INFANT, ETC. ET AL. v. CHARLES F. SMITH & SON, INC., ET AL. RACHEL KIRTSCHER, AN INFANT, ETC. ET AL. v. CHARLES F. SMITH & SON, INC., ET AL.

Court of Appeals of Maryland.

July 25, 1989.

Attorney(s) appearing for the Case

Phillips P. O'Shaughnessy (James M. Gabler and Sandbower, Gabler & O'Shaughnessy, P.A. and C. James Sfekas, on brief), Baltimore, for appellants.

Donald J. McCartney (Connie E. Williams and Smith, Somerville & Case, on brief), Baltimore, William R. Phelan, Jr., Asst. City Sol. (Neal M. Janey, City Sol., on brief), Baltimore (Francis J. Ford, Michael P. Chervenak and Ford & O'Neill, on brief, Rockville), for appellees.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

McAULIFFE, Judge.

Tragedy struck the Casper and Kirtscher families on February 8, 1984, when Danielle Casper, age seven, and Rachel Kirtscher, age eight, fell through ice into the freezing waters of Moore's Run in Baltimore City. Both children survived, but as a result of being submerged for twenty minutes or more, they are permanently and profoundly brain damaged. Each child and her parents brought a negligence action in the Circuit Court for Baltimore City, claiming...

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