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BARKSDALE v. WILKOWSKY

No. 66, September Term, 2010.

20 A.3d 765 (2011)

419 Md. 649

Janay BARKSDALE v. Leon WILKOWSKY, et al.

Court of Appeals of Maryland.

May 23, 2011.

Attorney(s) appearing for the Case

David F. Albright, Jr. (Bennett & Albright, P.A., Baltimore, MD), on brief, for Respondents.

Frank F. Daily (Lisa M. Morgan and Sean P. Edwards of The Law Offices of Frank F. Daily, P.A., Hunt Valley, MD), on brief, for Respondents.

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

ADKINS, J.

In this lead paint case, we revisit the standard for determining "harmless error" in a civil case involving a faulty jury instruction. The Petitioner, Janay Barksdale, sued the owners of her childhood home (the "Owners"), alleging injuries from lead paint on the premises. At trial, the Owners questioned Barksdale's grandmother whether she had ever notified them of flaking and peeling paint in Barksdale's home. The Owners then requested a jury instruction...

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