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HANCOCK v. MAYOR & CITY CNCL. OF BALT.

No. 57, Sept. Term, 2021.

281 A.3d 186 (2022)

480 Md. 588

Andrea J. HANCOCK, et al. v. MAYOR AND CITY COUNCIL OF BALTIMORE, et al.

Court of Appeals of Maryland.

August 15, 2022.

Attorney(s) appearing for the Case

Argued by Todd W. Hesel (Andrew G. Slutkin and Ethan S. Nochumowitz, Silverman, Thompson, Slutkin & White, LLC, Baltimore, MD), on brief, for Petitioners.

Argued by Brett A. Buckwalter (Craig D. Roswell, Niles, Barton & Wilmer, LLP, Baltimore, MD), and Argued by Louis C. Long (Charles B. Peoples, Thomas, Thomas & Hafer LLP, Washington, DC), on briefs, for Respondents.

Amicus Curiae Maryland Association for Justice, Inc.: Emily Malarkey, Esquire, Bekman, Marder, Hopper, Malarkey & Perlin L.L.C., 1829 Reisterstown Road, Suite 200, Baltimore, MD 21208, Charles Michaels, Esquire, C. William Michaels Law Offices, 1579 Dellsway Road, Baltimore, MD 21286.

Amicus Curiae Maryland Defense Counsel, Inc.: Gardner M. Duvall, Esquire, Whiteford, Taylor & Preston, L.L.P., Seven Saint Paul Street, Baltimore, MD 21202.

Argued before: Fader, C.J., Watts, Hotten, Booth, Biran, Eaves, Irma S. Raker (Senior Judge, Specially Assigned), JJ.

This appeal arises from the tragic death of 20-year-old Kyle Hancock, who was buried alive while working at an excavation site. At the time, Mr. Hancock was a laborer employed by R.F. Warder, Inc. ("Warder"), an independent contractor hired by the Mayor and City Council of Baltimore ("Baltimore City" or the "City") to perform the excavation...

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