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GREEN v. N.B.S.

No. 1258, September Term, 2007.

952 A.2d 364 (2008)

180 Md. App. 639

Kelly GREEN, a Minor, etc., et al., v. N.B.S., INC., et al.

Court of Special Appeals of Maryland.

July 2, 2008.

Attorney(s) appearing for the Case

Brian S. Brown (Saul E. Kerpelman & Associates, PA on the brief), Baltimore, for appellant.

Elaine R. Wilford (Ralph E. Wilson, Rollins, Smalkin, Richards & Mackie on the brief), Baltimore, for appellee.

Argued before SALMON, JAMES R. EYLER and ROBERT L. KARWACKI (Ret., Specially Assigned), JJ.

SALMON, J.

Although there are two other matters presented, the most important issue raised in this appeal is whether the Maryland statute, which sets a cap on recovery for non-economic damages, applies to all actions for wrongful death and personal injury or only to causes of action for wrongful death and personal injury based on conduct that constituted a tort at common law. We shall hold that the statutory cap as set forth in Md.Code. (2006 Repl.Vol.), Cts. &...

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