 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Montgomery County v. Wade3/14/1997
. . to read a requested instruction 'if the matter is fairly covered by instructions actually given.'" (quoting Md. Rule 2-520(c); Kennelly v. Burgess, 337 Md. 562, 577, 654 A.2d 1335, 1342 (1995)).
The County avers that the trial court's refusal of its instruction deprived the jury of the opportunity "to determine whether Wade's off-duty operation of her PPV on a personal errand could have been found to have arisen out of her employment as a patrol officer." Based upon the unique circumstances presented, the County continues, the instruction it proffered was warranted and the trial court's refusal to read the instruction "gave insufficient guidance to the jury to the detriment of the County." Be that as it may, we hold that the Court of Special Appeals properly concluded that the court's instruction "not only
adequately, but more clearly, conveyed the law in this area." Indeed, the trial court used the precise language recommended by Maryland Civil Pattern Jury Instruction No. 30:6 (Md. State Bar Association, 2d ed.) in describing the concepts of arising out of and in the course of employment. It is hard to see how instructing the jury in the manner suggested by the County would have added any benefit to the jury's deliberations.
JUDGMENT AFFIRMED; COSTS IN THIS COURT AND THE COURT OF SPECIAL APPEALS TO BE PAID BY PETITIONER.
Page 1 2 3 4 5 6 7 8 9 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|