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Roane v. Washington County Hospital3/29/2001
nconsistency prejudicing his or her opponent's case. Wilson v. Stanbury, 118 Md. App. 209, 215, 702 A.2d 436 (1997). The doctrine in no way hinders parties from vigorously pursing their claim, including alternative theories of the case.
Roane contends appellees pursued inconsistent positions by first arguing in 1998 that the forum selection clause of the waiver agreement directed the case be tried in State circuit court, and then arguing in 1999 that the circuit court lacked jurisdiction to hear the case. While it is true that appellees initially argued that the district court should not hear the claim, Roane did not rely on that argument to his detriment. To the contrary, he fought appellees on the validity of the forum selection clause and, ultimately, prevailed before the U.S. Court of Appeals. Moreover, following the voluntary dismissal, appellees did not argue that the circuit court lacked jurisdiction to hear the claim, but, rather, that res judicata precluded its re-litigation. As Washington County Hospital explains in its brief, Roane might have employed the doctrine of judicial estoppel if he had consented to appellees' 1998 motions to transfer the case to circuit court, and, once there, appellees had filed a motion to dismiss on the grounds that the circuit court lacked jurisdiction to hear the claim. That, however, is not what happened in this case. Roane pursued his claim, to varying degrees, in two court systems and then ended the litigation by voluntarily dismissing his claim in one of those jurisdictions.
JUDGMENT AFFIRMED; APPELLANT TO PAY COSTS.
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