Medical Mutual Liability Insurance Society of Maryland v. Davis9/14/2001
This case presents the single question of when post-judgment interest begins to accrue on a money judgment for tort damages, based on a jury verdict, when the judgment is subsequently reduced, via a remittitur, by the trial court. The defendant, Medical Mutual Liability Insurance Society of Maryland, asks us to determine whether the Circuit Court erred as a matter of law in awarding post-judgment interest, on the reduced judgment, from the date of the original judgment.
The plaintiffs, Williette Davis and Massaquoi Kamara, filed in the Circuit Court for Prince George's County wrongful death and survivor actions against Doctor Vibhakar Mody, based on alleged negligence in connection with the birth of their son, Sana Kpehe Kamara. The child died when he was about two years old, allegedly as a result of the negligence at the time of his birth. On November 7, 1996, the jury found Dr. Mody negligent and returned verdicts in favor of Williette Davis and Massaquoi Kamara, individually, on the wrongful death claims, and a verdict in favor of the estate of Sana Kpehe Kamara on the survivor claim. On November 13, 1996, a judgment was entered on the Circuit Court's docket as follows:
Estate of Sana Kpehe Kamara:
Medical Expenses $1,313,283.30
Non-economic Damages $2,000,000.00
Williette Davis:
Non-economic Damages $1,000,000.00
Massaquoi Kamara:
Non-economic Damages $1,000,000.00.
Two days later, on November 15, 1996, Dr. Mody filed a motion for a new trial or, in the alternative, for a remittitur. After numerous pleadings, replies, memoranda, and hearings, the Circuit Court filed an opinion and order on September 11, 1997, making the following determinations. First, the court accepted the parties' suggestion that the non-economic damages awarded to the estate of Sana Kpehe Kamara be reduced from $2,000,000.00 to $350,000.00, in light of the then cap on non-economic damages set forth in Maryland Code (1974, 1998 Repl. Vol.), ยง11-108(b) of the Courts and Judicial Proceedings Article. Second, the court "denied Defendants' Motion for a New Trial, or in the Alternative, Motion for Remittitur, for the non-economic award to the parents." Thus, the court did not disturb the wrongful death judgments entered in favor of Williette Davis and Massaquoi Kamara, individually, because the court "found that the jury awarded these amounts based upon credible evidence and th court was unwilling to invade the jury's province in that regard." Third, the court granted in part the defendant's motion for a new trial or a remittitur, limited to the issue of medical expenses awarded to the estate of Sana Kpehe Kamara.
In light of the Circuit Court's rulings, the clerk, on September 11, 1997, entered on the docket a "total judgment $2,350,000.00 with costs" against the defendants, subject to the estate's acceptance of the remittitur. On September 25, 1997, the estate accepted a remittitur reducing the medical expense portion of the survivorship award to zero, and thus reducing the entire survivorship award to $350,000.00. Therefore, the total judgment in favor of the plaintiffs for $2,350,000.00 became final on September 25, 1997.
The plaintiffs then sought payment of the judgment from Dr. Mody's insurance carrier, Medical Mutual Liability Insurance Society of Maryland (Medical Mutual). On February 19, 1998, Medical Mutual tendered payment of Dr. Mody's insurance policy liability limit of $1,000,000.00 plus post-judgment interest in the amount of $95, 288.32. The post-judgment interest was calculated from September 25, 1997, the date of the plaintiffs' acceptance of the remittitur.
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