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Ditto v. Stoneberger8/28/2002
construed without forced or subtle interpretations designed to extend or limit the scope of its operation." Maryland Div. of Labor and Indus. v. Triangle Gen. Contractors, Inc., 366 Md. 407, 421 (2001) (quoting Giant Food, Inc. v. Dept. of Labor, 356 Md. 180, 189 (1999)).
The federal statute relied upon by appellant in her motion for judgment is clear and unambiguous. It does not provide, as appellant contends, that social security benefits for disabled persons cannot be shared. Based on a plain reading of the statute, money paid to a state by the federal government is to be "used solely for the purposes for which it is paid," meaning that federal funds paid to the state that are earmarked for social security disability benefits payments may be used only for disability benefits payments. Any excess of funds after distribution of payments are to be returned to the United States Treasury. 42 U.S.C. § 421(f). Under this statute, if a recipient of disability benefits wanted to do so, he or she could give to a relative, or any other person, every cent received in disability payments without violating 42 U.S.C. § 421(b).
ISSUE 2: Whether the Trial Court Erred in Failing to Instruct the Jury Concerning the Duty, or Lack Thereof, Owed to a Trespasser
After the trial judge instructed the jury, the following exchange occurred at the bench:
[COUNSEL FOR APPELLANT]: I submitted an instruction on trespass, which the court did not give. Is the court still of the mind not give it? All right, I would except to that.
The instruction that appellant asked to be given is not in either the record or the record extract. In Hollingsworth & Vose Co. v. Connor, 136 Md. App. 91 (2000), we said:
In reviewing the propriety of a trial court's denial of a requested instruction, we must examine "whether the requested instruction was a correct exposition of the law, whether that law was applicable in light of the evidence in front of the jury, and finally whether the substance of the requested instruction was fairly covered by the instruction actually given." Moreover, the standard for reversible error places the burden on the complaining party to show both prejudice and error. Id. at 115.
There is no way for us to determine if the requested instruction was "a correct exposition of the law." See, e.g., Kassama v. Magat, 368 Md. 113, 131-33 (2002) (providing an example of the importance of knowing precisely what instruction was requested). The issue was not, therefore, preserved for our review.
ISSUE 3: Whether Sufficient Evidence Was Presented to Support a Finding That Edward Stoneberger Endured Conscious Pain and Suffering as a Result of the Subject Accident
This issue likewise has not been preserved for appellate review. During trial, there was testimony regarding conscious pain and suffering and whether Edward Stoneberger experienced it. None of this testimony was objected to by appellant. Appellant's counsel made no motion in regard to the "pain and suffering" issue and did not except to the trial court's instruction to the jury regarding damages for the decedent's conscious pain and suffering.
At oral argument before this Court, counsel for the appellant was asked whether this issue was preserved for appellate review. Appellant's counsel replied that he had preserved the issue by making a motion for judgment at the conclusion of the trial. Counsel's motion, however, made no reference to conscious pain and suffering. See Md. Rule 8-131(a) (except for jurisdictional issues, an appellate court does not ordinarily decide issues that were not raised or argued below).
ISSUE 4: Whether the Trial
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