Maryland Appellate Court Rules on Abuse Case Argued by Longman & Van Grack
Earlier this month, Longman & Van Grack Appellate Attorney Adam Van Grack argued a seminal case before the Maryland Court of Special Appeals which addresses when an abuse victim is able bring a civil action against an abuser. In Scarborough v. Altstatt, Mr. Van Grack argued to the Maryland appellate court that a sexual abuse victim suffering from a different-than-forgetting memory impairment should be allowed to bring their lawsuit against an abuser upon their memory being returned. Such a case, argued Mr. Van Grack, should be permitted despite a two-decades-old opinion (Doe v. Maskell) that might restrict such a lawsuit.
As reported in the Maryland Daily Record, the Maryland Court of Special Appeals ruled on Thursday that:
It may very well be that the Court of Appeals ultimately determines that it would be appropriate to reconsider its holding in Maskell. Nevertheless, that determination is solely within the province of the Court of Appeals.
As a result, while the Maryland appellate court was “receptive to that argument” made by Mr. Van Grack according to the Daily Record, the Maryland Court of Special Appeals declined to allow such memory-impaired abuse victims to bring an action against their abuser.
In this case, which was an appeal from the Montgomery County Circuit Court, the Court of Special Appeals, make a specific note that:
We do not intend to minimize the seriousness of the allegations in the present case. Cases involving claims of childhood sexual abuse are among the most disturbing encountered by this Court, and we recognize that victims of childhood sexual abuse often suffer lifelong consequences.
In the appeal, Mr. Van Grack maintained that the underpinnings of the Court of Appeals’ 1996 decision in Doe v. Maskell “are less persuasive today than twenty years ago, when the case was decided by the Court of Appeals.”
The Maryland Daily Record, in their article titled “Decades-old Child Abuse Claim May Prompt Review of MD Law,” quoted Mr. Van Grack as stating:
a compelling argument can be made that Maskell is “outdated” because in the past 20 years the scientific community has come to recognize that repressing painful memories, such as childhood sexual assault, is distinct from forgetfulness and thus the time limit for filing suit should be put on hold until the memory is recalled.
Longman & Van Grack’s appellate attorneys represent clients in all Maryland appeallate courts including the Maryland Court of Special Appeals and Maryland Court of Appeals. Our appellate attorneys work closely with other lawyers in the law firm to assist with any type of appeal. If you would like Adam Van Grack‘s assistance, or any of our appellate attorneys’ assistance, with an appeal, call Longman & Van Grack’s attorneys today at (301) 291-5027 to schedule a consultation in one of our Bethesda or Rockville, Maryland offices.
