Logan v. LSP Marketing Corp.

11 A.3d 355, 196 Md. App. 684, 2010 Md. App. LEXIS 190
CourtCourt of Special Appeals of Maryland
DecidedDecember 29, 2010
DocketNo. 2833
StatusPublished
Cited by2 cases

This text of 11 A.3d 355 (Logan v. LSP Marketing Corp.) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Logan v. LSP Marketing Corp., 11 A.3d 355, 196 Md. App. 684, 2010 Md. App. LEXIS 190 (Md. Ct. App. 2010).

Opinion

WRIGHT, J.

This appeal arises from a discovery issue in a lead paint poisoning case. On March 22, 2004, appellant, Jamal Logan, filed suit in the Circuit Court for Baltimore City against 22 defendants, including appellees, LSP Marketing Corporation and Basilio Lachica (collectively, “LSP”). On March 10, 2005, LSP filed a motion for sanctions, seeking dismissal of the action with prejudice or, in the alternative, exclusion of all but one of Logan’s experts from testifying at trial. On March 29, 2005, Logan filed an opposition to the motion for sanctions, along with a request for a hearing. On April 29, 2005, without holding a hearing, the court denied LSP’s request for dismiss[689]*689al but granted the motion for sanctions by excluding all but one of Logan’s experts (“2005 Order”).

On May 11, 2005, Logan filed a motion to revise the court’s 2005 Order. On February 8, 2006, without holding a hearing, the court denied Logan’s motion, stating that “no judgment has been entered.” By letter dated March 20, 2006, Logan’s counsel asked the court to revise its 2005 Order. The court responded on March 27, 2006, stating that it “will take no action in response to the letter as [Logan’s counsel] submitted his concerns in the form of a letter rather than a proper motion.”

The case proceeded to trial on March 29, 2006. As a preliminary matter, Logan moved for reconsideration of the court’s 2005 Order. After hearing from counsel, the court denied Logan’s motion. Thereafter, Logan’s counsel stipulated that Logan “could not proceed to trial and was unable to establish a prima facie case under the parameters existing as a result of the [court’s 2005 Order].” Logan requested a postponement of trial, which the court denied. One of the defendants then moved for summary judgment. Finding “no dispute as to material fact,” the court granted summary judgment “as to all claims asserted against all Defendants by [ ] Jamal Logan.” This appeal followed.

Questions Presented

Logan presents the four questions, which we have revised for clarity:1

[690]*6901) Did the trial court abuse its discretion when it ruled on LSP’s motion for sanctions without a hearing?
2) Did the trial court abuse its discretion when it excluded all but one of Logan’s experts?
3) Did the trial court abuse its discretion when it denied, without a hearing, Logan’s motion to revise the 2005 Order?
4) Did the trial court err or abuse its discretion when it denied Logan’s motion to reconsider the 2005 Order and proceeded to grant summary judgment in favor of LSP?

Finding no error or abuse of discretion, we affirm the circuit court’s judgment.

Facts

LSP served Logan interrogatories on July 30, 2004. Interrogatory Number 22 provided:

Identify all persons whom you expect to call as expert witnesses at trial, and for each such expert state his/her qualifications (including a list of publications written by the expert), the subject matter on which the expert is expected to testify, a summary of the grounds for each opinion, and state the terms of the expert’s compensation; also, attach to your answers copies of all written reports of such experts concerning his/her findings and opinions.

Pursuant to the scheduling order, issued by the court on May 13, 2004, Logan was required to respond to “all interrogatory requests concerning the findings and opinions of experts ... no later than 11/06/04.” In addition, all discovery was to be completed “no later than 08/09/05.”

On November 1, 2004, having received no response from Logan, LSP sent a letter to Logan’s counsel asking for “responses to the Interrogatories and Requests for Production of Documents as soon as possible.” By letter dated November 12, 2004, LSP informed Logan’s counsel:

[691]*691[T]he findings and opinions of Plaintiffs experts were due on November 6, 2004. I have not yet received this information. Please forward the findings and opinions of any expert you intend to call at the trial of this matter to me at your earliest convenience.
I am now in an untenable position with my clients. If I do not receive Plaintiffs discovery responses and Plaintiffs experts findings and opinions by November 26, 2004, I will have no choice but to file a Motion for Sanctions.

According to LSP, Logan failed to respond. LSP attempted to contact Logan’s counsel by telephone on November 24, 2004, and November 30, 2004. LSP further avers that Logan’s counsel “failed to respond to these phone calls in any fashion.”

On December 3, 2004, LSP filed a “motion to dismiss and/or compel” Logan’s overdue discovery responses. It is undisputed that, on December 16, 2004, Logan produced answers to LSP’s interrogatories. In response to Interrogatory Number 22, Logan provided a list of 16 potential experts, 10 of whom were located out-of-state, along with their addresses and the subject matter on which each expert was expected to testify. Logan’s answer did not include any of the experts’ qualifications, a list of publications, a summary of the grounds for each opinion, or the terms of compensation. At the end of the paragraph for each expert, Logan stated that a written report “will be provided when available” or “as soon as it becomes available.”

For example, Logan listed 12 individuals as experts in “pediatric lead poisoning.” For most, if not all, of those individuals, Logan stated:

[Name, address], expert in pediatric lead poisoning. [Name] is expected to testify to the extent and permanency of the minor Plaintiffs injuries due to exposure to lead paint. [Name] will also testify to the probable source of the lead exposure. [Name] will also testify that exposure to lead-based paint at all of the defendants’ subject premises, as stated in the Plaintiffs complaint, was a substantial [692]*692factor in the plaintiffs injuries. A written report will be provided when available.

Logan also listed three individuals as experts in “psychology and neuropsychological evaluations of children,” including Dr. Barry Hurwitz, as well as one “Vocational Consultant,” Mark Lieberman. According to Logan’s answer, Lieberman was

... expected to testify as to the vocational impact and loss of potential earning capacity of lead paint poisoning on the Plaintiff(s). He will base his opinions on a review of the medical records, school records, other expert reports and depositions. In some instances Mr. Lieberman will meet with the Plaintiff(s) and/or family members. We will provide a copy of the report as soon as it becomes available.

On December 20, 2004, Logan filed an opposition to LSP’s motion to dismiss and/or compel, arguing that answers had been provided, thus rendering LSP’s motion moot. On December 28, 2004, LSP filed a reply to Logan’s opposition, wherein it argued that Logan “failed to provide his experts’ reports and/or expert findings and opinions in answer to ...

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Cite This Page — Counsel Stack

Bluebook (online)
11 A.3d 355, 196 Md. App. 684, 2010 Md. App. LEXIS 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/logan-v-lsp-marketing-corp-mdctspecapp-2010.