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Chapman v. Kamara12/2/1997
This appeal is but one episode in continuing litigation over a tragic automobile accident. The entire scope of the controversy is somewhat complex, but the issues before us in this appeal are relatively few and narrowly drawn. Appellants moved to vacate a judgment against them in the Circuit Court for Prince George's County (Spellbring, J.), and appellee Washington Metropolitan Area Transit Authority (WMATA) moved to intervene in order to oppose the motion to vacate. The court granted the motion to intervene and denied the motion to vacate. This timely appeal ensued, and the appellants raise the following issues for our review:
(1) Whether WMATA had a justiciable interest in the friendly suit below such as permitted intervention in the action for the purpose of opposing the Motion to Vacate the Judgment?
(2) Whether, in the absence of a justiciable interest on the part of WMATA, the judgment should have been vacated as requested by defendants and consented to by the plaintiffs?
(3) Whether, in the absence of any service upon her or notice to her of the proceedings, Renee Cole is entitled to have the judgment against her set aside?
(4) Whether the entry of appearance of an attorney on behalf of an Estate not yet in existence is valid, permitting relief be [granted] against the estate?
For the reasons set forth herein, we affirm.
FACTS
The case arises out of an automobile accident on 11 October 1991 in which a van carrying eight young men collided with a telephone pole. The driver of the van, Henry Norman Cole, II, was seriously injured, and he died as a result of those injuries about fourteen months later. The other seven passengers survived, some sustaining serious injuries and some incurring substantial medical bills. Two of these other seven passengers were teen-aged minors: Arouna Koroma and Russell Cole, the latter of whom is also the brother of the deceased driver, Henry Norman Cole. The van was owned by the two Coles' stepmother, Renee Cole, and she insured the van for up to $100,000 under a policy with Government Employees Insurance Company (GEICO).
On 23 December 1993, the instant suit was filed. The appellants characterize the suit as a "friendly" suit, brought for the sole purpose of binding two minors to a global settlement agreement with GEICO for the monetary limits of the insurance policy. Although appellees do not seriously contest the accuracy of this characterization, they are correct to point out that it assumes facts not in the record. The record does show that the two plaintiffs are the parents of the two injured minors. Plaintiff Marie Kamara sued in her individual capacity and as the next friend of her son, Koroma; plaintiff Reverend Henry Norman Cole, Sr. (hereinafter, Reverend Cole, to distinguish him from his deceased namesake son), sued in his individual capacity and as the next friend of his son, Russell Cole. The two defendants are Renee Cole and the Estate of Henry Norman Cole, II ("the Estate"). The complaint alleged negligence on the part of the deceased, younger Henry Cole and vicarious liability on the part of Renee Cole.
On the same day the complaint was filed, an answer was filed on behalf of both defendants, denying liability generally. Also on the same day, judgment was entered in favor of the plaintiffs pursuant to a consent order. The court awarded the following amounts, each of which was the same amount prayed for in the complaint:
Kamara, as next friend of Koroma $29,296.80 Kamara, individually $15,053.20 Reverend Cole, as next friend of Russell Cole $5,508.27 Reverend Cole, individually $8,741.73
Thus, Kamara received a
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