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Bell v. Heitkamp Inc.4/28/1999
This case arises out of a wrongful death/survival action where, for purposes of this appeal, it was conceded that the defendants breached their duty of care owed to the deceased. The central issue presented is whether the plaintiffs - when responding to defendants' motion for summary judgment - set forth sufficient evidence from which a trier of fact could find that the defendants' breach of duty was the proximate cause of the decedent's injuries. The trial Judge was of the view that the plaintiff could not prove proximate cause. He also ruled that the res ipsa loquitur doctrine was inapplicable and, accordingly, granted summary judgment in favor of all defendants on the issue of liability. In addition, he granted summary judgment as to two subsidiary issues. The four questions raised by plaintiffs/appellants in this appeal are:
1. Did the trial court err in granting the defendants' motion for summary judgment on the ground that plaintiffs had insufficient proof that defendants' breach of duty was the proximate cause of the decedent's injuries?
2. Did the trial court err when it ruled that the doctrine of res ipsa loquitur has no application in the case sub judice?
3. Did the trial court err in granting defendants' motion for summary judgment regarding the issue of punitive damages?
4. Did the trial court err in granting summary judgment as against the minor plaintiff on the ground that he had no right under the wrongful death statute to bring a wrongful death action?
I. FACTS
A. Background
The facts are set forth in the light most favorable to the plaintiffs/appellants. Md. Rule 2-501. Many of the facts are disputed by appellees.
On August 22, 1995, Jabbouri McClamb's corpse was found lying, face up, under two feet of water in a hole that had been dug recently by an employee of Jaci General Contractors, Inc. (hereafter "Jaci"). Jabbouri McClamb (hereafter "McClamb, Sr.") had been last seen alive approximately thirteen hours prior to the discovery of his body. The deceased was single, twenty-three years old, and survived by, inter alia, his mother, Maxine Bell - one of the appellants. Approximately seven months after McClamb, Sr.'s death, Jabbouri McClamb, Jr. (hereafter "McClamb, Jr.") was born. According to McClamb, Jr.'s mother, Sharon Baker, the father of the child was McClamb, Sr.
The hole where McClamb, Sr.'s body was found (hereafter "Hole No. 3") was situated on a strip of land that was located between Muncy Road and Martin Luther King Highway in Landover, Maryland. The owner of the land was Prince George's County. Washington Suburban Sanitary Commission (WSSC) had an easement to use the strip for maintenance of its underground pipes. The strip was 20 feet wide and 227 feet long and was used by members of the public as a footpath between the aforementioned two roadways. The footpath was one foot wide, and portions of the path were surrounded by woods. At all times here pertinent the landscape surrounding the path was marred by garbage, trash, and other debris.
The WSSC, on June 24, 1993, contracted with Heitkamp, Inc. ("Heitkamp"), to do some repair work to its lines located beneath the strip. Heitkamp, in turn, subcontracted with Jaci to dig three holes in the strip. Two of the holes were dug, repairs were made, and the holes covered without incident. Hole No. 3, the last of the three holes dug, was approximately nine feet deep, eight feet wide, and six feet long. The hole was dug on August 18, 1993. On the same day the hole was created, workers employed by Heitkamp shored up the hole by bracing the walls with wooden supports and installing a "shoring box" at the hole's
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