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Circuit Court for Anne Arundel County Case # C-1998-44200 OT

IN THE COURT OF APPEALS OF MARYLAND No. 131 September Term, 1999

LAWRENCE MATTHEWS et al.

v.

STEPHEN K. HOWELL

Bell, C. J. Eldridge Rodowsky Raker Wilner Cathell Harrell, JJ.

Opinion by Cathell, J.

Filed: June 8, 2000

Marcia Ault, appellant, the personal representative of the estate of Kimberly Matthews, decedent, and Lawrence Matthews, appellant, the father and next friend of Brittany and Travis Matthews, the children of Kimberly Matthews, brought two claims against Stephen Howell, appellee, in the Circuit Court for Anne Arundel County. The first claim was a survivors' action alleging negligence and the second claim alleged Ms. Matthews' wrongful death. Because the allegations in the complaint involved Ms. Matthews' drowning while a guest on a boat captained by appellee, appellants relied on maritime law which is applicable under the "saving to suitors" clause of the Judiciary Act of 1789, codified in 28 U.S.C.

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Maryland Law