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Butler v. James11/9/2000
REPORTED
Clarence James, appellee, filed suit against Nathaniel Butler, appellant, in the Circuit Court for Prince George's County for injuries appellee alleged that he received when appellant's pick-up truck struck the rear of the vehicle appellee was driving on May 21, 1998. After the case was removed from the district court to the circuit court upon appellant's prayer for a jury trial, the trial commenced on August 19, 1999; the jury ultimately returned a verdict in favor of appellee. After the lower court denied appellant's Motion for New Trial or Remittitur and granted appellant's motion to amend the ad damnum clause to conform with the verdict amount, appellant noted this timely appeal, in which he raises five questions that we have rephrased and reordered for clarity as follows:
I. Once appellee submitted medical records and bills under Courts and Judicial Proceedings § 10-104 at trial, was he statutorily precluded from obtaining a judgment in excess of $25,000?
II. Once appellee filed notice of his intent to admit medical records and bills through Courts and Judicial Proceedings § 10-104, is he then statutorily precluded from obtaining a judgment in excess of $25,000?
III. Did the trial court err in granting appellee leave to amend his ad damnum clause pursuant to Maryland Rule 2-341 to conform to the verdict?
IV. Did the trial court err in concluding that Courts and Judicial Proceedings § 10-104 was inapplicable to the case because of appellee's presentation of live testimony of a treating chiropractor at trial?
V. Did the trial court commit reversible error by failing to exercise its discretion when it denied the Motion for New Trial or Remittitur?
For the reasons set forth below, we answer appellant's five questions in the affirmative and reverse the decision of the trial court.
FACTUAL BACKGROUND
Appellee initially filed his claim in the District Court of Maryland for Prince George's County in the amount of $25,000, along with his intent to introduce in the district court the writings, records, and bills of medical/health care provider, pursuant to Md. Code (1998 Repl. Vol.), Cts. & Jud. Proc. § 10-104. Appellee gave notice of his intention to introduce medical records from Back to Health Chiropractic Centers, Prince George's Hospital Center, Christopher M. Magee, M.D., as well as medical bills from Back to Health Chiropractic Centers in the amount of $5,855, Prince George's Hospital Center in the amount of $670.98, Chesapeake Emergency Medical Associates in the amount of $145, and Schonholtz, Magee & Michaels, M.D. Orthopaedics, P.A. in the amount of $870. Appellee offered an affidavit of Stephen T. Michaels, M.D., appellee's treating orthopaedist, to establish the causal relationship between the motor vehicle accident and the injuries for which appellee received subsequent treatment and the necessity for that treatment as well as the fairness and reasonableness of the medical bills.
Listed in the pre-trial statement by appellee were itemized medical expenses as reflected in the medical bills submitted, as well as notification that appellee intended to establish damages for lost wages in the amount of $922.50. Appellee further indicated that he intended to introduce the medical records, pursuant to § 10-104. Appellant timely filed a prayer for jury trial and the case was transferred to the Circuit Court for Prince George's County.
Counsel for appellee corresponded with appellant's counsel regarding possible stipulations concerning the admissibility of "my 10-104 statement." Appellant responded by letter dated May 18, 1999 that counsel did not
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