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FALIK v. HORNAGE

Nos. 60, 90 September Term, 2009.

991 A.2d 1234 (2010)

413 Md. 163

Joel FALIK, et al. v. James HORNAGE, et al.

Court of Appeals of Maryland.

April 5, 2010.

Attorney(s) appearing for the Case

Daniel L. Shea (Brault Graham, LLC, Rockville), on brief, for appellants in No. 60, Sept. Term, 2009.

John B. Bratt (Rodney M. Gaston, Miller & Zois, LLC, Glen Burnie), on brief, for appellees in No. 60, Sept. Term, 2009.

Daniel L. Shea (Brault Graham, LLC, Rockville), on brief, for appellants/cross-appellees in No. 90, Sept. Term, 2009.

Mitchell I. Batt (Thomas H. Talbott, Sullivan, Talbott & Batt, Rockville), on brief, for appellants/cross-appellees in No. 90, Sept. Term, 2009.

John B. Bratt (Miller & Zois, LLC, Glen Burnie), on brief, for appellees/cross-appellants in No. 90, Sept. Term, 2009.

Argued before BELL, C.J., HARRELL, BATTAGLIA, MURPHY, GREENE, ADKINS and BARBERA, JJ.

HARRELL, J.

The two cases in this consolidated appeal arise from unrelated automobile negligence actions presenting a common procedural background birthing significant discovery disputes. In each case, the respective defendants designated, in pre-trial discovery, Dr. Joel Falik, M.D. ("Dr. Falik" or "Appellant"), a neurosurgeon, as a non-treating medical expert witness. The plaintiffs in each case each noted two-fold depositions of Dr. Falik: a "records deposition...

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