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POWELL v. BRESLIN

No. 11, September Term, 2012.

59 A.3d 531 (2013)

430 Md. 52

Ronald L. POWELL, et al. v. Jeffrey BRESLIN, et al.

Court of Appeals of Maryland.

January 18, 2013.

Attorney(s) appearing for the Case

David M. Kopstein (Kopstein & Associates, LLC, Seabrook, MD; Jay D. Miller of Miller, Murtha & Psoras, LLC, Lutherville, MD), on brief, for appellants.

Edwin L. Keating, III (E. Philip Franke and Siobhan R. Keenan of Baxter, Baker, Sidle, Conn & Jones, P.A., Baltimore, MD), on brief, for appellees.

Michael J. Winkelman, Esq., McCarthy, Winkelman & Morrow, LLP, Bowi, MD, for amicus curiae brief of Maryland Association for Justice.

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

HARRELL, J.

This case has a lot of moving parts. This is the second time it has reached this Court, without reaching the merits of its underlying medical malpractice claims.

I. FACTS AND PROCEDURAL HISTORY

While under the care of Dr. Jeffrey R. Breslin (employed by Drs. Kremen, Breslin & Fraiman, P.A.), Jackie D. Powell, the decedent and father of Ronald L. Powell,1 was injured allegedly in 2002 while at Good Samaritan...

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