FULTON v. K & M ASSOCIATES

No. 151 September Term, 1992.

331 Md. 712 (1993)

629 A.2d 716

SHAWN FULTON ET AL. v. K & M ASSOCIATES ET AL.

Court of Appeals of Maryland.

August 25, 1993.


Attorney(s) appearing for the Case

Saul E. Kerpelman, Baltimore, for appellant.

Kevin M. Murphy (Juli M. Tweedy, Carr, Goodson & Lee, P.C., all on brief) Rockville, William T. Russell, Jr., Towson, Frank F. Daily, Lord & Whip, Baltimore (Philip C. Jacobson, Anderson, Coe & King, Baltimore, all on brief), for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI, and ROBERT M. BELL, JJ.


KARWACKI, Judge.

The issue to be resolved in this case is whether the trial court abused its discretion in denying a motion for voluntary dismissal without prejudice under Maryland Rule 2-506(b) made by a next friend on behalf of a minor plaintiff where counsel lacked sufficient medical evidence to prove the permanent brain damage to the infant which was alleged.

I.

Shawn Fulton, a minor, is alleged to have suffered chronic lead poisoning during...

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