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Legal Malpractice Law Keyed to Fortney, 3rd Ed.
Thomas v. Bethea
Citation:
351 Md. 513, 718 A.2d 1187 (1998)Facts
In August 1981, David Thomas began representing Marsharina Bethea (a minor) and her mother, Gerrine Bethea, in a lead paint poisoning case. Thomas filed suit against three landlords who owned properties where Marsharina had lived: 209 East Lafayette Avenue, 1322 Myrtle Avenue, and 1217 East Preston Street. Thomas served the owners of the first two properties but was unable to serve the owner of the Preston Street property, W.H. Groscup & Sons, Inc. In December 1983, Thomas received a settlement offer of $2,500 from the two served defendants, conditioned on a general release of all three defendants. Upon Thomas’s recommendation, Gerrine accepted the settlement and executed the releases. Evidence showed that Gerrine had advised Groscup before leasing that Marsharina had elevated lead levels, that Groscup had assured her the apartment was lead-free, that there was in fact flaking lead paint present, and that Groscup had $300,000 of insurance on the property. Nearly 12 years after the settlement, Marsharina sued Thomas for malpractice, alleging his recommendation to settle was negligent, particularly regarding the release of Groscup.
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