 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
James v. Butler12/18/2003
provider. Although the notice, which was captioned in the Circuit Court, but contained the District Court case number, was filed in the District Court, in subsequent correspondence, the petitioner acknowledged the discrepancy and stated his intention that the notice apply to the Circuit Court case. Indeed, at trial, although intending to call his treating chiropractor, the petitioner indicated his intention to proceed pursuant to § 10-104. Moreover, he offered as Plaintiff's Exhibit #1, the notice he filed pursuant to § 10-104, explaining, "Plaintiff's Exhibit 1 was offered - was actually filed duly according to the statute. Since this was filed in District Court initially and we were brought upstairs and there has been no changes to the [ad damnum] pursuant to the statute." Over the respondent's objection, finding nothing in § 10-104 (f) that "may be construed to limit the right of a party to: (1) Request a summons to compel the attendance of a witness; or (2) Examine a witness who appears at trial," Butler v. James, 135 Md. App. at 200, 761 A.2d at 1038, the trial court admitted the § 10-104 notice and the petitioner's medical treatment records and medical bills, as well as permitted the petitioner's treating chiropractor to testify at trial. The petitioner never amended the ad damnum of the complaint nor indicated an intention to withdraw the § 10-104 notice or to rely on the unlimited jurisdiction of the Circuit Court.
The jury returned a verdict in favor of the petitioner for $7,540.91 for medical expenses, $2,800 for loss of earnings, and $300,000 for non-economic damages. Aggrieved, the respondent filed a Motion for New Trial or Remittitur. In addition to opposing the respondent's motion, the petitioner moved to amend the ad damnum to conform to the amount of the jury verdict. The court denied the respondent's motion and granted the petitioner's, prompting the respondent's successful appeal of the judgment to the Court of Special Appeals. As we have seen, that court reversed the trial court judgment, holding that a plaintiff who proceeded pursuant to § 10-104 thereby limited that plaintiff's possible recovery to the jurisdictional limit of the District Court. 135 Md. App. at 206, 761 A.2d at 1041-42.
In this Court, the petitioner argues that § 10-104 does not apply because the respondent stipulated to the admission of the medical records and bills and, in any event, the petitioner's treating orthopaedist testified, relying on medical reports and bills that had been authenticated by admission requests. In addition, the petitioner submits that once the respondent prayed a jury trial and the case was removed to Circuit Court, he began to utilize the discovery rules applicable to that court. Thus, he further submits:
"Butler was on notice that [the petitioner] may or may not have utilized § 10-104, given the nature and extent of the admission requests propounded. After all, what would be the purpose of requesting the authenticity of medical bills, medical reports, the expert qualifications of treating doctors, etc. if one were going to utilize § 10-104. This is trial strategy of a party and is personal to that party. In this case, [the petitioner]."
Alternatively, the petitioner maintains that even if § 10-104 applies to the case, and in the circumstances sub judice, there exists no inconsistency between it and Maryland Rule 2-341(b), pursuant to which a trial judge may permit a party to amend a pleading after trial has begun. Rule 2-341 (b) provides:
"b) Within 15 days of trial date and thereafter.- Within 15 days of a scheduled trial date or after trial has commenced, a party may file an amendment to a pleading only by written consent of the adverse pa
Page 1 2 3 4 5 6 7 8 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|