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Nature and Variety of Work. Review incoming court files, identifies and corrects possible errors. Prepare and deliver documents and reports to court or to agencies supervising defendants…. Today - save job - more He died a short time later in Virginia. Summary of this case from Nesbit v.
Summary of this case from Tomran v. Missouri, J. Terrell N.
Michael S. Rosier Law Offices of Michael S. Weaver, Associate County Atty. Leonard L. Lucchi, County Atty, and John A. Bielec, Deputy County Atty.
The principal issue in this case concerns the proper party or parties to bring a wrongful death action, under Maryland Code , Repl. We shall hold that Maryland law determines the threshold matter of whether a particular party may bring the suit. We shall also hold that the Circuit Court erred in ruling that Virginia tort law applied to the alleged wrongful acts of all of the defendants. In addition, we shall conclude that the Circuit Court improperly dismissed the action on the ground of forum non conveniens. Since the Circuit Court for Prince George's County granted a motion for summary judgment dismissing the plaintiffs' action as to all defendants, we shall set forth the facts of the case in a light most favorable to the plaintiffs.
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Corroon Corp. University of Maryland Medical System Corp. Anderson , Md. On September 1, , Corporal Carlton B. Prince Carmen Jones, Jr. The police officers were each driving unmarked sports utility vehicles. When Prince Carmen Jones, Jr. Corporal Jones exited his vehicle, exhibited his weapon, but allegedly failed to identify himself as a police officer. Sergeant Bailey was not on the scene at this time. The plaintiffs' allegations in this respect are as follows: "Prince Jones pulled his Jeep onto Beechwood Lane, the street where his fiancee, Candace Jackson, lived, and then turned onto Spring Terrace and into a driveway on that street.
He apparently realized he was being followed and was trying to avoid leading his pursuer to his fiancee's house. Following the death of Prince Carmen Jones, Jr.
At the time of his death, Prince Carmen Jones, Jr. Candace Jackson consented to Mabel being the personal representative on behalf of her daughter as a beneficiary of the estate of Prince Carmen Jones, Jr. The record in this case indicates that the Orphans' Court's action in this regard was appealed to the Circuit Court for Prince George's County, and that the appeal is still pending. Prince Carmen Jones, Sr. Pursuant to Maryland Rule b , the action was also to the use of Mabel S. Jones, the mother of Prince Carmen Jones, Jr. In the complaint, the plaintiffs alleged that Corporal Carlton Jones used excess force and that.
This misconduct included: 1 initiating and continuing the surveillance of Prince Jones without any basis to believe that he had committed or was about to commit any crime; 2 Corporal Jones's initiating an unnecessary and unlawful encounter with Prince Jones in the driveway on Spring Terrace in Fairfax, Virginia, by blocking Mr.
Jones's vehicle with his own vehicle; 3 Corporal Jones's unlawful display of a handgun coupled with his failure to properly identify himself as a police officer; 4 Corporal Jones's mishandling of his encounter on Spring Terrace with Prince Jones that foreseeably escalated into a violent altercation; 5 Sergeant Bailey's failure to properly supervise Corporal Jones during this episode.
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In addition, the complaint alleged that these same defendants were directly liable for their own tortious conduct. The plaintiffs contended that Corporal Jones's use of excessive force was "part of a pattern of excessive force by Prince George's police officers" and was "the result of a municipal policy and custom, implemented and controlled by Chief Farrell, of providing inadequate training and supervision for its officers in how to handle street encounters with civilians without unnecessary use of lethal force.
The complaint asserted that some of "the wrongful conduct causing the death of Prince Jones occurred in Virginia" and was, therefore, governed by "Virginia substantive law.
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Mabel S. Mabel Jones then filed a motion for summary judgment seeking dismissal of the plaintiffs' entire action on the ground that Virginia law controlled and that, under Virginia law, she, as the personal representative of Prince Carmen Jones, Jr. In her motion for summary judgment, Mabel Jones stated that she had brought a wrongful death action, based on the death of Prince Carmen Jones, Jr. Actually, under Virginia law, a wrongful death action may be brought in Virginia only by one who has qualified under Virginia law as the personal representative.
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One who has qualified as a personal representative in another state, but has not qualified under Virginia law, "does not have standing to maintain" a wrongful death action under the Virginia Wrongful Death Act. Fowler v. Winchester Medical Center, Inc. In response to Mabel Jones's motion, the plaintiffs asserted that the defendants had moved to dismiss the District of Columbia action for lack of jurisdiction and for improper venue. As far as the record in this case shows, that motion is still pending.
As earlier indicated, the Circuit Court for Prince George's County granted Mabel Jones's motion for summary judgment and dismissed the entire action.