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UM MEDICAL SYSTEMS v. MUTI

No. 42, Sept. Term, 2011.

37 A.3d 956 (2012)

424 Md. 674

UNIVERSITY OF MARYLAND MEDICAL SYSTEMS CORPORATION v. Giuseppina MUTI, Personal Representative of the Estate of Elliott Muti, et al.

Court of Appeals of Maryland.

February 21, 2012.

Attorney(s) appearing for the Case

Derek M. Stikeleather (Susan T. Preston and Janet A. MacDonald of Goodell, DeVries, Leech & Dann, LLP, Baltimore, MD), on brief, for petitioner/cross-respondent.

Ryan S. Perlin (Julia R. Arfaa of Salsbury, Clements, Bekman, Marder & Adkins, LLC, Baltimore, MD), on brief, for respondents/cross-petitioners.

Michael F. Smith, The Smith Appellate Law Firm, Ellicott City, MD, for Amicus Curiae brief of Maryland Defense Counsel, Inc.

George S. Tolley, III, Dugan, Babij & Tolley, LLC, Timonium, MD, for Amicus Curiae brief of Maryland Association for Justice.

Argued before BELL, C.J., HARRELL, GREENE, BARBERA, LAWRENCE F. RODOWSKY (retired, specially assigned), IRMA S. RAKER (retired, specially assigned), and ALAN M. WILNER (retired, specially assigned), JJ.

RODOWSKY, J.

Presented here are claims asserted under the Wrongful Death Statute, Maryland Code (1974, 2006 Repl.Vol.), §§ 3-901 through 3-904 of the Courts and Judicial Proceedings Article (CJ). The plaintiffs are the widow of the decedent and the adult children of her marriage with the decedent. They did not identify in their complaint, or notify, a stepson whom the decedent had adopted during a prior marriage. Well over three years have elapsed since...

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