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MAYOR OF BALTIMORE v. WHALEN

No. 101, Sept. Term, 2005.

909 A.2d 683 (2006)

395 Md. 154

MAYOR AND CITY COUNCIL OF BALTIMORE v. Suzanne WHALEN.

Court of Appeals of Maryland.

October 19, 2006.

Attorney(s) appearing for the Case

Justin J. King, Deputy Chief, Litigation (Ralph S. Tyler, City Solicitor, Baltimore City Department of Law, Baltimore), on brief, for petitioner.

Robert S. McCord, County Atty., Karen J. Kruger, Senior Asst. County Atty., Bel Air, Edward H. Hammond, Jr., County Atty., Worcester County, Snow Hill, Barbara M. Cook, County Atty., Howard County, Ellicott City, brief of Counties of Harford, Howard and Worcester for petitioner, amici curiae.

Simon Walton (Schultheis & Walton, P.A., Baltimore), on brief, for respondent.

James K. MacAlister, Baltimore, David M. Kopstein, Seabrook, brief of the Maryland Trial Lawyers Assoc., for respondent, amicus curiae.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

CATHELL, J.

Suzanne Whalen, respondent, who is legally blind, was injured when she fell into a utility hole while her guide dog was doing his business within the legal boundaries of Leone Riverside Park. She filed suit against the Mayor and City Council of Baltimore, petitioner, claiming that Baltimore City, which owns and maintains Leone Riverside Park, was negligent by failing to ensure that the utility hole was safely covered. Petitioner moved for summary judgment...

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