LERMAN v. HEEMAN

No. 3, Sept. Term, 1997.

701 A.2d 426 (1997)

347 Md. 439

Sheldon H. LERMAN v. Kerry R. HEEMAN.

Court of Appeals of Maryland.

October 17, 1997.


Attorney(s) appearing for the Case

Mark D. Gately (J. Mark Coulson, Miles & Stockbridge, on brief), Baltimore, for Petitioner.

Catherine W. Steiner (William B. Whiteford, Whiteford, Taylor & Preston, L.L.P., on brief), Baltimore, for Respondent.

Argued before BELL, C.J., ELDRIDGE, RODOWSKY, CHASANOW, RAKER and WILNER, JJ., and ROBERT A. KARWACKI, J. (retired), Specially Assigned.


RAKER, Judge.

The questions presented are whether a joint tortfeasor, who has filed a Motion for Judgment of Contribution or Recovery Over pursuant to Maryland Rule 2-614, must have filed a cross-claim in the underlying tort suit, and whether that Motion for Contribution, when arising out of a medical malpractice action, is subject to mandatory arbitration under the Health Care Malpractice Claims Act. We shall hold that a joint-tortfeasor need not file a cross-claim...

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