IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND * * * * * * * * *

NAHDI NAH, et al. Plaintiffs

V.

CIVIL NO.: 364479-V JUDGE: JOSEPH M. QUIRK

MARK MARADEI, et. al. Defendants

DEFENDANTS SCHEDULING HEARING STATEMENT Defendants, Mark Maradei, Joseph P. Tehaan, Kevin J. Tehaan, and Board of Education of Montgomery County ("BOE"), by and through their undersigned attorneys, and pursuant to this ?iourts Scheduling Order, hereby provide their scheduling hearing statement as follows: a) Brief Statement of the Nature of the Controversy

Plaintiffs have filed a wrongful death and survival action arising out of the July 6, 2009, death of their minor child, Edwin Miller. Plaintiffs allege that the minor died as a result of heat exhaustion during workouts offered at Northwest High School in Montgomery County. Plaintiffs allege the Defendants were negligent. b) Defendants Defenses

Defendants contend they were not negligent and that the injuries, losses and damages allegedly sustained by the minor Plaintiff were caused by and a result of the minor Plaintiffs sole or contributory negligence. Defendants claim that the injuries, losses and damages allegedly sustained by the minor Plaintiff were caused by the minor Plaintiffs assumption of risk. Defendants also contend that there may be other reasons for the death of the minor, which may be illuminated during discovery. Defendants deny the nature, extent and causal relationship of the damages claimed by Plaintiffs. Defendants assert and maintain any and all immunities that are

applicable in this case as they relate to the individually-named Defendants. Defendants deny liability in this matter. Finally, Defendants assert that, to the extent Plaintiffs might be entitled to any damages in this case, Defendants are entitled to the statutory limit on damages as set forth in Md. Code Ann., Cts. & Jud. Proc., 5-518(d) and Md. Code Ann., Educ., 4-105(d), i.e. $100,000. Under said statutes, if one or more of the individually-named Defendants is found liable in this action, and there is a judgment rendered against any one or more of them, Plaintiffs cannot execute that judgment against them individually. Any such judgment shall be paid by the Montgomery County Self-Insurance Fund on behalf of the Board of Education of Montgomery County, Maryland. Defendants assert and incorporate herein all defenses set forth in their answer filed in this Court.
C)

Relief Sought by Defendants

Defendants seek judgment in their favor based on the lack of negligence. Defendants further submit that as a result of the contributory negligence, assumption of the risk, and/or other causes that may become known during discovery, any claim for damages in this case would be barred. d) Maximum Offer

Defendants have made no offer of settlement. e) Witnesses

Defendants intend to call approximately ten witnesses in this case but that number may change as discovery proceeds. As to the designation of the number and identity of expert witnesses, Defendants do not know at this time how many experts they may call in this case. However, Defendants may call experts in the fields of medicine, athletic

injuries, and athletic training. 1) Time Estimation for Trial

Defendants estimate that their portion of the trial will take 3 days, exclusive of crossexamination. Respectfully submitted, MARC P. HANSEN COUNTY ATTORNEY

Patricia P. Via, Chief I Litigation Division - Self-Insurance (signed by Christine M. Collins with the permission of Patricia P. Via)

Christine M.CoHi Associate County Attorney Attorneys for Defendants 101 Monroe Street, Third Floor Rockville, Maryland 20850 (240) 777-6700

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this Z0 day of4i !2 4 2012, a copy of the

foregoing was mailed, first-class, postage prepaid, to: John F.X. Costello, Esquire 5845 Allentown Road Camp Springs, MD 20746

hristine M. Collins Associate County Attorney

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