 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
James v. Butler12/18/2003
rty or by leave of court. If the amendment introduces new facts or varies the case in a material respect, the new facts or allegations shall be treated as having been denied by the adverse party. The court shall not grant a continuance or mistrial unless the ends of justice so require."
In Falcinelli v. Cardascia, 339 Md. 414, 663 A.2d 1256 (1995), this Court held that "the ad damnum does not inherently limit the power of the jury to render a verdict and does not inherently limit the power of the court to enter a judgment." Id. at 427, 663 A. 2d at 1262. Following the decision in that case, in 1998, Maryland Rule 2-341 was amended to add the following Committee Note immediately after section (b): "By leave of court, the court may grant leave to amend the amount sought in a demand for a money judgment after a jury verdict is returned."
Relying on Falcinelli and the Committee Note, the petitioner argues that a trial judge may permit the amendment of the ad damnum post verdict, notwithstanding § 10-104. He elucidates this is so because § 10-104 is procedural, neither creating nor expanding any substantive right. He offers in support of this proposition that
"i. There is no mandate that any verdict in a Circuit Court be reduced to the amount in controversy as is the case for other damage caps;
"ii. § 10-104 would not apply in a foreign Court, if and in the event an accident occurred in the state of Maryland but litigated out of state ...;
"iii. § 10-104 does not expand or contract the underlying cause of action;
"iv. In the case of a Maryland resident who was involved in an out of state accident and the claim litigated in Maryland, § 10-104 would apply to the proceedings in this state, yet the damages of the situs of the accident would be available to the plaintiff."
(Footnote omitted).
The petitioner finally submits, " ince § 10-104 and Rule 2-341 are both procedural, Rule 2-341 would take precedence, if the two are in conflict." He relies on the fact that the Rule was amended subsequent to the enactment, and pertinent amendment, of the statute - the comment was added to the Rule in 1998, while § 10-104 was initially enacted in 1996, see 1996 Md. Laws ch. 554, and the pertinent amendment made in 1997. See 1997 Md. Laws ch. 443. The petitioner also relies on Penfield Co. of California v. S. E. C., 330 U. S. 585, 589 n. 5, 67 S. Ct. 918, 921 n. 5, 91 L. Ed. 2d 1117, 1122 n. 5 (1947) ("Where a Rule of Civil Procedure conflicts with a prior statute, the Rule prevails."); Federal Sav. & Loan Ass'n v. Equitable Sav. & Loan Ass'n, 261 Md. 246, 252-253, 274 A. 2d 363, 367 (1971) citing Hensley v. Bethesda Metal Company, 230 Md. 556, 558, 188 A.2d 290, 291 (1963), ("the Maryland Rules of Procedure ... would apply despite a prior statute to the contrary and until a subsequent statute would repeal or modify the Rule"); Nationwide Mut. Ins. Co. v. Webb, 44 Md App 547, 558 n. 1, 409 A.2d 1127, 1132 n. 1 (1980), rev'd on other grounds, Nationwide Mutual Ins. v. Webb, 291 Md. 721, 436 A.2d 465 (1981) ("To the extent that this procedural rule conflicts with the statutory definition of such rules as "condition precedent," the conflict must be resolved in favor of the rule by virtue of its subsequent superseding of the statute on a procedural issue.") (citing Meloy v. Squires, 42 Md. 378 (1875) and Gabelein v. Plaenker, 36 Md. 61 (1872)). See also Md. Const. Art. 4 § 18 (a), which, as relevant, provides:
"(a) The Court of Appeals from time to time shall adopt rules and regulations concerning the practice and procedure in and the administration of the appellate courts and in the other courts of this State, w
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.
|
|
By using the system, you agree to TERMS OF SERVICE
|