Articles Posted in Appeals

In Webb v. Giant of Maryland LLC, the Maryland Court of Appeals (COA) was asked to revisit the decision of the Court of Special Appeals (COSA).

The issue was whether the grocery store could be liable for an injury caused by a Pepsi delivery driver while stocking shelves at the store. The Pepsi delivery driver was an independent contractor and not a store employee of Giant. So the question was whether Giant still be liable for the Pepsi driver’s acts based on the level of control they had over him inside the store.

The  Maryland Court of Appeal affirmed the decision of COSA holding that Giant could not be held liable because the store did not exercise the necessary high level of control over the Pepsi driver.

In Ford v. Edmondson Village Shopping Center Holdings, LLC , Maryland Appellate Court examined the question of a landlord’s responsibility in protecting tenants from criminal acts committed by third parties on the landlord’s property.

Thankfully, the court found that an employee of a commercial tenant is considered to have the same legal status on the leased property as the employer-tenant itself, which is that of a tenant rather than a business invitee.  This means employees of the tenant can bring negligent security lawsuits in Maryland.

Facts of Ford v. Edmonson Village Shopping Center Holdings

In Giant of Maryland LLC v. Karen Webb, No. 413, Sept. Term 2019, was asked to decide whether Giant could be liable for an injury to a customer caused by a Pepsi delivery driver while stocking Pepsi products on the shelves. The Pepsi driver was not a Giant employee so the issue was whether Giant could still be liable for his negligent actions based on the level of control they had over him inside the store.

The COSA held that Giant did not have enough control to be liable for the actions of the Pepsi driver. Giant’s “general control” over the work of its product delivery drivers at the store was not enough. In order to be liable, Giant would need to have maintained control over the “operative details and methods” of the independent contractor’s work, including the “very thing from which the injury arose.”

Summary of Giant of Maryland v. Webb

Today the Court of Appeals of Maryland issued an opinion addressing the extent to which expert witnesses who are retained solely for litigation may be forced to produce documentation of the amounts they earn providing expert witness services.

There are actually two cases, which were consolidated on appeal. The first is Falik v. Hornage, No. 60; the second is Falik v. Holthus, No. 90. They are both Miller & Zois cases.

Dr. Joel Falik