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Medlantic Long Term Care Corp. v. Smith2/7/2002
some overlap between the two cases, they are not identical. The complaint in the District of Columbia is a survival action on behalf of the Estate, whereas the complaint in Maryland is a wrongful death action on behalf of the decedent's two grandsons who are domiciled in Maryland. The facts on which the two lawsuits are based are the same, and so the witnesses and evidence also are likely to be the same on the question of negligence. The damages claims are not the same, however, and the witnesses and evidence as to damages will be very different. Moreover, in her opposition to defendant's motion, appellee contended that she could not have brought the wrongful death action in the District because the District of Columbia statute of limitations had expired. If appellants were primarily concerned with consolidating the two actions, they could waive any applicable statute of limitations bar as a defense and permit appellee to file the wrongful death action in the District. Cf. Ussery, 647 A.2d at 782 (noting that separate actions in Maryland and the District "would be seriously inconvenient when all the likely defendants were amenable to suit only in the Maryland courts").
Conclusion
Plaintiff in this case could have filed this survival action either in Maryland or in the District of Columbia, but having chosen to file here, her choice was entitled to preference. On the facts of record, we agree with the court's ruling to entertain the suit.
Affirmed.
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