Mullaney v. Aude

730 A.2d 759 (1999)

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Nature of the Case

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Facts

Aude (P) brought a tort action for fraud, negligence, intentional infliction of emotional distress, and battery against D, alleging that he infected her with genital herpes. Susan R. Green, Esq. and Gary S. Bernstein, Esq. represented P. D was represented by Harris and Benjamin Lipsitz, Esq. P was deposed. As P was leaving the room to retrieve that document, Harris remarked that she was going to meet 'another boyfriend' at the car. Green and Bernstein quickly told Harris that his comment was in poor taste and asked him to refrain from making further derogatory comments. During a retort, Harris called Green, 'babe' and then said: 'At least I didn't call you a bimbo.' Green stated: 'The committee will enjoy hearing about that.' D was ordered him to submit to an exam. After the draw, D complained to the Maryland Department of Health and Mental Hygiene about cleanliness of the facility. D emphasized that 'what is the most disturbing is that this woman [referring to Dr. Aurelian] is referred to as 'doctor'' when she 'has a doctorate in philosophy.' Dr. Aurelian holds a Ph.D. from Johns Hopkins University in microbiology, and specializes in the field of virology, holding the positions of Professor in the Department of Pharmacology and Experimental Therapeutics, and Director of the Virology/Immunology Laboratories, at the University of Maryland School of Medicine. D also complained that Dr. Aurelian was 'using state facilities, equipment and time to prepare a . . . private civil case where she is being paid as an expert witness.' D also complained about Dr. Aurelian to the President of the University of Maryland School of Medicine. P filed a motion for a protective order. Ds were ordered not to have no contact with the 'Ps expert, the expert's employer or with any professional body or regulatory agency regarding the Plaintiff's expert' unless expressly permitted by the court. The judge also prohibited contact with P or her family. The court reserved judgment on the request for attorneys' fees. D got the verdict, and Green wrote a letter to the Judge requesting a ruling on her previous request for attorneys' fees made in the motion for a protective order. he court determined that $1,500 was the reasonable attorneys' fees incurred in preparing the protective order and attending the hearing. D and Harris appealed.