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BARCLAY v. BRISCOE

No. 41, Sept. Term, 2011.

47 A.3d 560 (2012)

427 Md. 270

Michael S. BARCLAY, et ux. v. Lena BRISCOE, et al., Lena Briscoe, Personal Representative of the Estate of Christopher Eugene Richardson v. Ports America Baltimore, Inc.

Court of Appeals of Maryland.

June 27, 2012.

Attorney(s) appearing for the Case

Henry L. Belsky ( Victor D. Sobotka of Schlachman, Belsky & Weiner, P.A., Baltimore, MD; Gregory E. Hammond , Allstate Insurance Company, Baltimore, MD), on brief, for Petitioners/Cross-Respondents.

JoAnne Zawitoski ( Alexander M. Giles and Teresa Kelly of Semmes, Bowen & Semmes, Baltimore, MD), on brief, for Respondents/Cross-Petitioners.

Deborah J. La Fetra , Adam R. Pomeroy , Theodore Hadzi-Antich , Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae brief of Pacific Legal Foundation in Support of Appellee/Cross-Petitioner.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA and McDONALD, JJ.

GREENE, J.

A motorist was seriously injured when another car, operated by Christopher Richardson, crossed the center line, causing a head-on collision. The facts presented in the pleadings indicated that Richardson, a longshoreman, fell asleep at the wheel while traveling home after working a twenty-two hour shift at his job site located at the Port of Baltimore. The injured motorist, Sergeant Michael Barclay, and his wife, Robin Barclay, (collectively, "Petitioners...

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