Jacobs v. Adams

505 A.2d 930, 66 Md. App. 779, 1986 Md. App. LEXIS 287
CourtCourt of Special Appeals of Maryland
DecidedMarch 13, 1986
Docket1001, 1010 and 1032, September Term, 1985
StatusPublished
Cited by23 cases

This text of 505 A.2d 930 (Jacobs v. Adams) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jacobs v. Adams, 505 A.2d 930, 66 Md. App. 779, 1986 Md. App. LEXIS 287 (Md. Ct. App. 1986).

Opinion

BLOOM, Judge.

We have consolidated these three cases because they present almost identical scenarios and legal issues. Each case arose from a motor vehicle collision in the District of Columbia, and in each case the parties were residents of Maryland when suit was filed. In two of the cases, motions for summary judgment were granted; in the third case, the circuit court granted a motion to dismiss. The adjudication in each case was based upon a District of Columbia statute, referred to as the “No-Fault Insurance Law,” which, in effect, prohibited the maintenance of a civil action based on liability against any person with respect to injuries arising from motor vehicle accidents in the District of Columbia unless, inter alia, medical expenses of a victim exceed $5000. The circuit court ruled in each case that the law of the District of Columbia applied, thus barring the action. The plaintiff in each case noted a timely appeal.

The Facts as Alleged and the Proceedings Below

On November 10, 1983, appellant Karen Randolph Stephenson, driving her automobile on Harewood Road, N.E., Washington, D.C., brought it to a stop preparatory to making a left turn onto an intersecting street. Appellee Peter Tseronis drove his car into the rear of the Stephenson vehicle, allegedly injuring Stephenson’s head, neck, and back. Asserting that Tseronis was negligent, she filed suit against him in the Circuit Court for Montgomery County, seeking damages for medical expenses, lost wages, and pain and suffering as well as damage to her automobile. Stephenson stated in her answers to interrogatories that her medical expenses amounted to $540. Tseronis filed a motion for summary judgment, which was granted. The court denied Stephenson’s motion for reconsideration.

*784 On November 11, 1983,. on Waterside Drive in Washington, D.C., appellant Philip Jacobs was injured when his car was struck by a car driven by appellee John L. Adams. Jacobs sued Adams in the Circuit Court for Montgomery County. The parties agree that Jacobs’s medical expenses were less than $5000. The court granted Adam’s motion to dismiss. (Although Jacobs was a resident of the District of Columbia at the time of the accident, he had moved to Maryland before he filed suit.)

On December 5, 1983, in the District of Columbia, appellant Ranzeno Barnes was injured in a collision between his car and a vehicle driven by appellee Robert Cauthen. Barnes sued Cauthen in the District Court for Prince George’s County. Cauthen filed a demand for a jury trial, and the case was removed to the Circuit Court for Prince George’s County. Barnes sought compensatory damages of $10,000.00, including $385.00 for medical expenses and $153.21 for lost wages. Cauthen filed a motion for summary judgment which the court granted.

In each case, recovery was denied because of the District of Columbia no-fault insurance law which, with certain exceptions, barred civil actions based on liability arising from motor vehicle accidents occurring in the District of Columbia. The courts below concluded that the law of the District of Columbia should apply because the accident occurred there and because the law at issue is substantive in nature.

The District of Columbia No-Fault Law

The no-fault law was designed to remedy a perceived deficiency in liability insurance coverage for motor vehicles and their operators in the District of Columbia. This was accomplished by making no-fault insurance compulsory and by limiting lawsuits stemming from accidents to certain requirements. The statute was codified as Chapter 21 of the District of Columbia Code, specifically, D.C. Code Ann. §§ 35-2101 through 2113 (Cum.Supp.1985). It applied to all *785 accidents occurring in the District of Columbia on or after October 1, 1983.

The purposes of the law were explained in § 35-2101, which stated that before the enactment of the new provisions persons injured in automobile accidents in the District of Columbia were unlikely to be compensated satisfactorily for their injuries because half of the victims did not qualify for benefits under existing policies, about 40 percent of the drivers in the District of Columbia did not have adequate insurance, and the average policy would pay only up to $10,000 per person per accident. Compulsory no-fault insurance was deemed to be the solution to these problems. The details of the required insurance were set forth in § 35-2103, which specified what insurance had to be carried by resident and nonresident drivers in the District of Columbia. Section 35-2104, entitled “Benefits under required insurance,” generally provided that payments were to be made without regard to fault for all reasonable medical expenses, not to exceed $100,000, and for lost wages up to $2000 per month, not to exceed $24,000 and not payable after the death of the victim.

To encourage compliance with the statute, § 35-2105 prohibited civil litigation over any injury which would be compensable under the no-fault insurance protection described. It then listed six exceptions to this restriction, one of which, § 35-2105(b)(6), permitted a civil action for liability to be brought by one who sustained medical expenses in excess of $5000. This subsection is the focal point of these three appeals. Section 35-2105 read as follows:

(a) Restriction. — Except as provided in subsection (b) of this section, no person may maintain a civil action based on liability against any other person, with respect to an injury as to which personal injury protection benefits are payable under this chapter.
(b) Exceptions to restriction. — The provisions of subsection (a) of this section do not apply if:
*786 (1) A person may be liable for damages for any medical and rehabilitation expenses of a victim and any work loss of a victim in excess of the personal injury protection benefits available therefor under this chapter;
(2) A person may be liable to the survivors of a victim for loss and noneconomic loss sustained as the result of death arising out of the maintenance or use of a motor vehicle and recoverable under applicable law;
(3) A person may be liable for any loss and noneconomic loss arising out of the maintenance or use of a motor vehicle with intent to injure himself or herself or any other person;
(4) A person may be liable for noneconomic loss, in accordance with otherwise applicable law, caused a victim and arising from the maintenance or use of a motor vehicle if the victim suffered an injury directly resulting in substantial permanent scarring or disfigurement; substantial and medically demonstrable permanent impairment which has significantly affected the ability of the victim to perform his or her professional activities or usual and customary daily activities; or a medically demonstrable impairment that prevents the victim from performing all or substantially all of the material acts and duties which constitute his or her usual and customary daily activities for more than 180 continuous days;

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Bluebook (online)
505 A.2d 930, 66 Md. App. 779, 1986 Md. App. LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobs-v-adams-mdctspecapp-1986.