F&P Spotlight on Counsel Heather Rice

What is your favorite aspect about working at F&P? 
My favorite aspect about working at F&P is hands down the friendships I have formed with several of my colleagues.  I have the privilege of calling many of the attorneys in our office not just colleagues but close friends.  Even after some have taken positions elsewhere,  I have been lucky enough to maintain friendships that will surely last a lifetime.

What’s your favorite restaurant/show/event?
Even though COVID has gotten in the way, I love to try new restaurants in Baltimore!  Some of my all-time favorite restaurants include Birroteca, La Scala, the Food Market, and La Cuchara.

Tell us something about you that few of your colleagues and clients would know.
While I cannot carry a tune, I can sing the entire soundtrack from the Broadway musical, Hamilton.

What do you like to do outside the office?
My husband and I are movie buffs.  Most weekends you can find us curled up on the couch with our dog and watching a movie.

What is your favorite food? 
Pretty much any carb or anything covered in chocolate.

What is your all-time favorite city or town and why? 
Martha’s Vineyard, Massachusetts is my all-time favorite place to travel in the US.  The island is equal parts quaint, beautiful, and relaxing.  Plus, it is a mecca for all things seafood!

If you could have lunch with anyone in the world who would it be?
There are so many people I would love to choose to be a lunch companion.  Former President Barack Obama probably tops the list, along with the late great Associate Justice of the Supreme Court of the United States, Ruth Bader Ginsburg.

F&P Welcomes Counsel Cindy Armstrong to Lead the Hagerstown Office

Counsel Cindy Armstrong will now lead Franklin & Prokopik’s Hagerstown office. Cindy brings 15 years of experience representing employers and insurers in the workers’ compensation industry. Before joining F&P, Cindy was a partner at a private firm barred in Maryland and the District of Columbia. Cindy is an active member of the MD Bar Association Negligence, Insurance, and Workers’ Compensation Section.

“Cindy brings years of valuable experience to F&P, and we are very pleased to be working with someone we admire,” said workers’ compensation principal John Handscomb.

Cindy is a member of the Maryland State Bar Association and the Maryland Defense Counsel. F&P would like to welcome Cindy to our firm and look forward to her leadership and experience in Western Maryland.

F&P Spotlight on Associate Jessica Corace

What’s your favorite thing about working with your clients?
I like helping people and solving problems so being able to do that for my clients is very rewarding.

What is your favorite aspect of working at F&P?
Collaborating with my colleagues. F&P has really great people and that makes for an amazing work environment.

What’s your favorite restaurant/show/event in ____ ?
My favorite restaurant is in downtown Annapolis – Osteria 177. It has the BEST food and service, and never disappoints!

Tell us something about you that few of your colleagues and clients would know.
I started running in law school. Now, I am the 5K running coach for Charm City Run – Annapolis. Running can be really intimidating and I really enjoy getting people to see that it is a community, and everyone is welcome.

What do you like to do outside the office?
I love being outside – whether it’s running, traveling, attending a sporting event, or just working from my patio!

What is the weirdest thing you have ever eaten?
The weirdest thing I have ever eaten is sea urchin – I would not do it again!

If you could have lunch with anyone in the world who would it be?
Gwen Stefani – I always have admired her individualism.

Do you have any bizarre talents?
I’m not sure if this counts as a talent, but I do have the uncanny ability to know very random (and typically useless) facts, although it does come in handy on the rare occasion when I get to play trivia

F&P Spotlight on Associate Jessica Pupkin

What’s your favorite thing about working with your clients?
I love the challenge of creative problem-solving. Working with clients allows us to collaborate to address a wide range of interesting issues, see things from different perspectives and find meaningful solutions.

What’s your proudest accomplishment?
My proudest accomplishment is following in my mother’s footsteps by passing the bar and becoming a trial attorney.

Tell us something about you that few of your colleagues and clients would know.
I love music and have been playing the drums since I was about 10 years old.

What do you like to do outside the office?
When I am not in the office I love to travel and enjoy the outdoors. I am also a bit of a foodie and love to cook.

What is your favorite food?
My favorite food is Sushi! I could it every day and never get sick of it.

What is your all-time favorite city or town and why?
My all-time favorite city is Tel Aviv. I lived there after college and absolutely fell in love with the history, the culture, and the people.

F&P Associate Jessica Corace Named to 2022 Leaders In Law

The Daily Record and the Maryland State Bar Association have named F&P associate Jessica Corace to the 2022 listing of Leaders in Law, receiving the Generation J.D designation. The winners will be honored on April 7 from 4:30 to 7:00 pm at the Hilton Baltimore BWI Hotel.

This year, The Daily Record and the MSBA are taking 22 years of celebrating outstanding lawyers and judges to the next level by introducing the brand new Leaders in Law awards. Winners are selected by an external panel of legal and business leaders.

Awards will be presented in the following categories: Alternative Dispute Resolution, Dealmakers, Generation J.D., In-house Counsel, Justice Champion, Law Firm Support Staff, Leadership in Law, Lifetime Achievement, and Paralegal. The top winner of this year’s Leaders in law will be determined by a vote of this year’s Leaders in Law winners.

“This year , The Daily Record partnered with the Maryland State Bar Association to recognize members of the state’s legal community in nine categories, ranging from in-house counsel to justice champion to law firm support staff. These honorees work tirelessly to uphold high legal standards and improve communities throughout Maryland,” said Suzanne Fischer-Huettner, senior group publisher of The Daily Record. “The Daily Record and Maryland State Bar Association congratulate this year’s honorees.”

Click here to read the full article and list of winners.

Fourth Circuit Affirms District Court’s Grant of Summary Judgment to Six Flags Confirming There Was No Negligence in the Operation of a Water Slide

A unanimous three-judge panel of the US Court of Appeals for the Fourth Circuit affirmed the US District Court for the District of Maryland’s grant of summary judgment to Six Flags.  Six Flags had been sued by a guest of its Maryland waterpark who alleged negligence in the operation of a waterslide.  The guest also sued the ride manufacturer for negligence and product liability.  Working together, counsel for Six Flags and counsel for the co-defendant were able to demonstrate that the guest’s retained expert had no sound basis nor methodology for his opinions against either of them.  The District Court granted the defense motion to exclude that expert applying well-established law to do so.  It then found that, as a matter of established law, the claim for negligence failed.  Six Flags had demonstrated conclusively that it had not deviated from the required maintenance and operational requirements at the time of the alleged injury.  Accordingly, the District Court entered summary judgment in Six Flags’ (and, on slightly different grounds, the slide manufacturer’s) favor.  The guest appealed the grant of summary judgment but did not preserve his challenge to the exclusion of his expert.  After full briefing, the Court of Appeals first found that the guest had waived the issue of the exclusion of his expert but also noted that it agreed with the District Court’s rationale and also holding there was no abuse of discretion in the exclusion of the expert.  The Court of Appeals then agreed with the District Court’s rationale and reasoning and affirmed the grant of summary judgment.  Six Flags was represented by David A. Skomba, Tamara B. Goorevitz, and Miranda D. Russell throughout the proceedings.  The case is Elkharroubi, et ux. v. Six Flags America, et al., 2022 WL 152416 (decided Jan. 18, 2022, Per  Curiam, unpublished).

F&P Welcomes Four New Associates

The last quarter of 2021 saw F&P welcome four new associates to the firm’s Baltimore and Newark offices.  We have more than 70 attorneys serving our jurisdictions throughout our seven mid-Atlantic offices. F&P looks forward to the experience and knowledge these attorneys bring to the firm.

Oleh Bilynsky joined the Delaware office and has extensive liability defense experience, practicing general liability defense, construction litigation, premises liability, and product liability. He is a member of the Delaware and Pennsylvania State Bar Associations.

Joshua Carback is a litigation associate in F&P’s Baltimore office. Josh is barred in both Maryland and the District of Columbia. Before joining the firm, he served various trial court judicial clerkships in state and federal jurisdictions. In addition to his law education, Josh participated in an overseas deployment with the International Justice Mission and a work-study at the Criminal Division of the United States Department of Justice.

Frank Falatko is the newest member of Baltimore’s liability team. He previously worked for Conti Fenn LLC, managing a substantial caseload of commercial contract disputes, defense of administrative complaints before the Maryland Insurance Administration, defense of automobile manufacturers, commercial lease litigation, and other litigation relating to land use, premises liability, and agency relationships.

Kara Hager joined the Delaware workers’ comp team, bringing experience in plaintiff work and insurance defense. She interned for the U.S. District Cort Judge Gregory M. Sleet and the United States’ Attorney’s Officer for the District of Delaware and the Bureau of Alcohol, Tobacco, and Firearms before serving as the managing attorney for the Law Offices of Peter G. Angelos.

F&P Announces 2022 Attorney Promotions

F&P is ringing in the new year by congratulating our attorneys who received a 2022 promotion, two to principal and one to counsel.  These attorneys exemplify the level of skill and professionalism that Franklin & Prokopik prides itself in and have distinguished themselves in the legal community.

Join us in applauding these members of the F&P team and thanking them for their hard work and devotion to the firm.

Scarlett Corso, principal, Baltimore

Scarlett initially joined F&P as an associate attorney in 2011.  After leaving in 2016 to gain valuable experience litigating personal injury claims on the plaintiffs’ side, and then subsequently served as in-house Counsel handling subrogation and liability defense for The Travelers Indemnity Company, she returned to the firm as Counsel in 2019. Scarlett concentrates her civil litigation practice primarily in the areas of liability defense for premises liability, trucking and transportation, and contracts, as well as liability insurance subrogation for property damage claims, focusing on electrical, fire, and water damage claims. She has taken over 15 jury trials to verdict, as well as obtained over $1,000,000.00 in recovery in her insurance subrogation practice.

Jennifer Hare, principal, Easton

Jennifer also initially joined F&P as an associate attorney in 2011.  She returned to the firm as counsel and head of our Easton office in 2019 after working as a senior staff attorney for The Hartford Affiliated Insurance Companies for six years.  Jennifer represents employers and insurers in a variety of workers’ compensation matters before the Workers’ Compensation Commission and courts throughout Maryland and Washington, D.C.  In addition, she has experience doing plaintiff work, enabling her to provide insight and knowledge into the approaches taken by both sides.

Michael Bennett, counsel, Baltimore

Mike began his legal career in 2004 as a paralegal for a small firm in Columbia, MD, and became an F&P associate in 2015.  He practices in the areas of workers’ compensation, business and corporate law, and appellate advocacy.  Mike has litigated numerous matters at the administrative and trial court levels and also briefed and argued matters at the Maryland appellate courts.

“Kudos to these hardworking, reliable, efficient, and talented attorneys.  They bring tremendous value to the F&P team, and the promotions are well-deserved!” John Handscomb, an F&P founding principal


Maryland’s Court of Appeals Upholds Complete Reversal of $400,000 Jury Verdict in Premises Liability Case Involving Claims of Vicarious Liability and Spoliation

On December 21, 2021, the Maryland Court of Appeals, Maryland’s highest appellate court, upheld the Maryland Court of Special Appeals’ complete reversal of a $400,000.00 jury verdict and judgment entered against one of Franklin & Prokopik’s retail clients in 2019. The case involved a customer who sued a grocery store alleging that she was struck while shopping by a stocking cart pushed by a vendor who was at the store stocking merchandise. The customer claimed that the vendor should be treated as the grocery store’s employee. The customer’s counsel, who deployed the “Reptile Theory” in opening and closing arguments, also argued that because the business had no security footage of the incident, the business must have spoliated/destroyed evidence. No evidence was offered of the existence of any pertinent video, let alone its destruction at trial. Instead, the store owner offered testimony that the store’s surveillance system did not capture the incident at issue. Over challenges raised by the retailer, the trial court allowed the jury to decide whether the vendor was an employee of the store and provided jury instruction related to spoliation of evidence. The jury found, as noted above, in favor of the customer at trial. On appeal, The Maryland Court of Special Appeals, Maryland’s intermediate appellate court, reversed the jury’s verdict and ordered that a defense judgment be entered in favor of the store. The Maryland Court of Appeals upheld that decision. Firm Principal Steve Marshall tried the jury trial and briefed and argued the successful appeals before both the Maryland Court of Special Appeals and Maryland Court of Appeals. He was joined on the brief by fellow firm Principal David A. Skomba and Associate Miranda D. Russell. 

After reviewing the facts of the case, The Court of Appeals agreed there was insufficient evidence for the jury to conclude that the store owner could be vicariously liable for the acts or omissions of an employee of a vendor. Even though the court found that the retailer had exercised some general control over the vendor’s employee, that control did not rise to the level of specific control necessary for holding the retail client liable for the vendor’s actions. The Court of Appeals acknowledged the retailers general right to order work stopped, inspect progress, make suggestions or recommendations, and to direct alterations and deviations, but held that those actions were not sufficient for permitting an inference that the retail client maintained sufficient control over the vendor such that an employee of the vendor would be considered an employee of the store. 

The Court of Appeals also held, agreeing with the Court of Special Appeals, that the jury verdict had to be reversed because the trial court gave a spoliation of evidence instruction despite there being no evidence that video ever existed or was destroyed. The Court of Appeals added clarity to Maryland law by holding that that there must be some indication that allegedly-destroyed evidence actually existed before a spoliation instruction can be given to a jury. The Court of Appeals explained this by noting that the “purpose of the instruction is to permit the jury to draw inferences about missing evidence, not to require the jury to speculate as to whether the evidence existed in the first place.” Because there was no evidence that the allegedly-destroyed evidence ever existed in the first place, the Court of Appeals found that the instruction given to the jury was prejudicial and grounds for the reversal of the verdict.   

 Finally, the Court of Appeals left the lower appellate court’s analysis of the impropriety of the “reptile theory” undisturbed. The theory, often employed by plaintiffs’ counsel, encourages the jurors to view a store as the insurer of a customer’s safety while on its premises. As noted by the lower appellate court, the theory invites jurors to disregard their oaths, to become non-objective viewers of the evidence, or to go outside that evidence to bear on the issues of damages; these purely subjective considerations are improper in Maryland. The Court of Special Appeals’ reported decision on that issue remains “good law” and will continue to serve as a basis for blocking the Plaintiffs’ bar from improperly deploying the tactic at trial. 

 This case is a significant and precedential decision that will provide clear guidance to trial courts moving forward when dealing with cases involving the actions of vendors and their employees while in a retail establishment. It also serves to guard against completely fabricated claims invented by plaintiffs that the absence of video surveillance of an incident equates to some act of destruction of evidence. The law is now clear that before a trial court can grant a spoliation instruction, the trial court must first find that there was evidence that actually existed and which was destroyed or not properly preserved.

 The reported case is Karen Webb v. Giant of Maryland, LLC (No. 12, September Term, 2021). 

The full decision can be read here: https://mdcourts.gov/data/opinions/coa/2021/12a21.pdf  

Super Lawyers Announces its 2022 Designees

F&P is proud to announce that 15 of our Maryland attorneys have been recognized by Supers Lawyers for its Super Lawyers and Rising Star designations.  Super Lawyers is comprised of 5% of the lawyers in each state. To be nominated for Rising Stars, attorneys must be in practice for 10 years or less and be under the age of 40. These attorneys represent 2.5% of lawyers in each state. The candidates are selected by peer review, professional competence, and attorney-led research staff.

Super Lawyers is a nationally recognized rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

2022 Super Lawyers:

Ralph Arnsdorf, Construction Litigation
Tamara Goorevitz, Transportation/Maritime
John Handscomb, Workers’ Compensation
Maija Jackson, Workers Compensation
Angela Garcia Kozlowski, Workers’ Compensation
Laura McKenzie, Workers’ Compensation
Michael Prokopik, Workers’ Compensation

2022 Rising Stars:

Michael Bennett, Workers’ Compensation
Renee Bowen, Transportation/Maritime
April Kerns, Workers’ Compensation
Heather Rice, PI General: Defense
Miranda Russell, Business/Corporate
Ellen Stewart, Civil Litigation: Defense
Patrick Wachter, PI General: Defense
Bryce Ziskind, Civil Litigation: Defense