Elliott v. Evans

942 F. Supp. 238, 1996 U.S. Dist. LEXIS 15883, 1996 WL 622174
CourtDistrict Court, D. Maryland
DecidedOctober 25, 1996
DocketCivil No. K-95-1699
StatusPublished
Cited by2 cases

This text of 942 F. Supp. 238 (Elliott v. Evans) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elliott v. Evans, 942 F. Supp. 238, 1996 U.S. Dist. LEXIS 15883, 1996 WL 622174 (D. Md. 1996).

Opinion

FRANK A. KAUFMAN, Senior District Judge.

On January 7, 1992, Elliott, the plaintiff, was driving in Baltimore City a truck owned by his employee. The truck and the employee were not insured. While driving the vehicle Elliott was involved in an accident with a vehicle owned by the Mayor and City Council of Baltimore City. One of the defendants, Ms. Evans, was a passenger in the latter vehicle. Immediately following the accident, Evans walked to a police substation to request that the Baltimore City Police respond to the accident. Thereafter, police responded to the accident, surmised no one was hurt, determined that neither party would be charged, and so reported.

As a result of the accident, Evans sought medical treatment which cost in excess of $20,000. Evans; contending that Elliott had been negligent and was an uninsured motorist, pursued a claim for uninsured motorist coverage under her personal automobile policy with her insurer, Nationwide, the second defendant herein. After payment of Evans’s claim Nationwide filed a subrogation suit against Elliott, but dropped that suit shortly after Elliott secured representation to defend against Nationwide’s claims.

Elliott, a citizen of Delaware, now brings this suit alleging the defendants engaged in tortious conduct in their prosecution of the [240]*240aforementioned subrogation claim. Defendant Evans is a citizen of Maryland. Defendant Nationwide is incorporated in Ohio and has its principal place of business in Columbus, Ohio. Diversity jurisdiction is present pursuant to 28 U.S.C. § 1332. Elliott details numerous oversights and foibles in Nationwide’s investigation of Evans’s claim. In investigating the accident and determining fault, Nationwide’s claims adjuster chose not to interview the drivers of either car or the police officer who responded to the accident, but rather only interviewed Evans, although she was not even listed as an occupant of the city vehicle in the police report.1 Further, the claims adjuster failed to evaluate the damage to the vehicles involved in the accident.2 With regard to Ms. Evans’s injuries, there is substantial evidence in the record that the origin of Evans’s discomfort following the 1992 accident is disputable, on the basis of an extensive medical history.3 Finally, Nationwide’s exposure with regard to Evans’s claim was questionable. Nationwide and Elliott dispute whether or not Baltimore City was required to carry uninsured motorist coverage for the vehicle in which Evans rode on the day of the accident, and consequently whether or not Evans should have turned to Baltimore City for compensation for her injuries. That issue does not appear to have been resolved by Nationwide before it chose to honor Evans’s claim.4

Elliott’s Complaint consists of five counts: Count I alleges intentional misrepresentation on the part of both Evans and Nationwide; Count II alleges a civil conspiracy'between Evans and Nationwide; Count III alleges negligent misrepresentation on the part of Nationwide; Count IV alleges malicious use of process on the part of Nationwide; and Count V alleges Nationwide committed defamation. The nature and relevant facts are not in dispute. Both defendants have moved for summary judgment. For the reasons set forth herein those motions will be granted.

Summary judgment is appropriate where “there is no genuine issue of material fact and [where] the moving party is entitled to judgment as a matter of law.” Fed.R.Civ. Pro. 56(c). The non-moving party is entitled to have “all reasonable inferences ... drawn in its respective favor.” Felty v. Graves-Humphreys Co., 818 F.2d 1126, 1129 (4th Cir.1987). The non-movant, however, in resisting summary judgment must “go beyond the pleadings and by [its] own affidavits.... depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). The Supreme Court, in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986), explained:

“The mere existence of a scintilla of evidence in support of the plaintiff’s position will be insufficient; there must be evidence ■ on which the jury could reasonably find for the plaintiff. The judge’s inquiry, therefore, unavoidably asks whether reasonable jurors could find by a preponderance of the evidence that the plaintiff is entitled to a verdict....”

477 U.S. at 252, 106 S.Ct. at 2512.

Count I: Fraud and Intentional Misrepresentation

Elliott alleges that Evans made a fraudulent claim under her uninsured motor[241]*241ist coverage with Nationwide, and that Evans and Defendant Nationwide, acting in concert, filed an intentionally false subrogation suit making representations which Elliott relied on to his detriment.

In Maryland to prevail under Count I, plaintiff must prove that:

(1) that the defendant made a false representation to the plaintiff, (2) that its falsity was either known to the defendant or that the representation was made with reckless indifference as to its truth, (3) that the misrepresentation was made for the purpose of defrauding the plaintiff, (4) that the plaintiff relied on the misrepresentation and had the right to rely on it, and (5) that the plaintiff suffered compensable injury resulting from the misrepresentation.

Alleco v. Weinberg Foundation, 340 Md. 176, 195, 665 A.2d 1038 (1995) (citations omitted). See also Everett v. Baltimore Gas & Electric, 307 Md. 286, 300, 513 A.2d 882 (1986); Martens Chevrolet v. Seney, 292 Md. 328, 333, 439 A.2d 534 (1982).

Elliott’s claims do not satisfy the elements of fraud or of intentional misrepresentation. Principally, Elliott has no evidence that he relied on defendant’s misrepresentations to his detriment. To place reliance on a representation, Elliott would have had to believe those representations were true. See, e.g., Suburban Properties Mgmt., Inc. v. Johnson, 236 Md. 455, 460, 204 A.2d 326 (1964). To the contrary, Elliott immediately contacted an attorney to defend against the subrogation suit which he characterizes as the intentional misrepresentation upon which his claim of fraud is based. While defending the subrogation suit may well have inconvenienced Elliott, the actions which he took in his defense do not constitute reliance upon misrepresentations. Further, by defending against the subrogation suit Elliott was acting to prevent harm to himself, rather than acting to his detriment.

Count II: Civil Conspiracy

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942 F. Supp. 238, 1996 U.S. Dist. LEXIS 15883, 1996 WL 622174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elliott-v-evans-mdd-1996.