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MARCANTONIO v. MOEN

No. 4, September Term, 2008.

959 A.2d 764 (2008)

406 Md. 1

Charles MARCANTONIO, Personal Representative of The Estate of Sherri Schaefer, et al. v. Melissa MOEN, M.D., et al.

Court of Appeals of Maryland.

November 5, 2008.

Attorney(s) appearing for the Case

Jack A. Gold (Lawrence S. Lapidus of Karp, Frosh, Lapidus, Wigodsky & Norwind, P.A., Rockville; Anthony G. Newman of Newman & McIntosh, Bethesda), on brief, for petitioners.

George S. Tolley, III, Dugan, Babij & Tolley, LLC, Timonium, David M. Kopstein, Kopstein & Perilman, Seabrook, brief of Amicus Curiae Maryland Trial Lawyers Ass'n.

Barry J. Nace, Christopher T. Nace, Jonathan B. Nace, Paulson & Nace, Washington, DC, amicus curiae brief of Karen Costello.

Marianne DePaulo Plant (Craig B. Merkle and Jason B. Penn of Goodell, DeVries, Leech & Dann, LLP; Thomas C. Marriner of Wharton, Levin, Ehrmantraut & Klein, Annapolis; Catherine W. Steiner of Whiteford, Taylor & Preston, LLP, Baltimore), all on brief, for respondents.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, JOHN C. ELDRIDGE (Retired, Specially Assigned), IRMA S. RAKER (Retired, Specially Assigned) and ALAN M. WILNER (Retired, Specially Assigned), JJ.

GREENE, J.

In this case we must determine whether the Circuit Court for Anne Arundel County erred in striking the affidavits of two proposed expert witnesses pursuant to Maryland Rule 2-501(e). Because we conclude that it was error to strike the affidavits, we shall hold that the Circuit Court improperly granted summary judgment in favor of Respondents, Melissa Moen, M.D. et. al ("The Medical Providers"),1 on the basis that Petitioners...

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