James v. Butler

838 A.2d 1180, 378 Md. 683, 2003 Md. LEXIS 822
CourtCourt of Appeals of Maryland
DecidedDecember 18, 2003
Docket134, Sept. Term, 2000
StatusPublished
Cited by20 cases

This text of 838 A.2d 1180 (James v. Butler) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James v. Butler, 838 A.2d 1180, 378 Md. 683, 2003 Md. LEXIS 822 (Md. 2003).

Opinion

BELL, C.J.

Maryland Code (1973, 1998 Replacement Volume) § 10-104(b) and (c) of the Courts and Judicial Proceedings Article, 1 *687 for certain purposes, see subsection (b)(1) 2 and (2), permits *688 the admission into evidence at the trial of a civil action in the District or Circuit Court of “a writing or record of a health care provider,” provided that advance notice of the intention to offer the writing or record into evidence is given and a copy of the writing or record is supplied to the opposing party. The issue in this case involves whether compliance with § 10-104 has an impact on the amount that a plaintiff who prevails following a trial in the Circuit Court may recover. Or in other words, whether that plaintiff, having taken advantage of the evidentiary shortcut provided by § 10-104(c), is precluded from recovering more than $25,000.00, the jurisdictional limit of the District Court, as prescribed by Maryland Code (1973, 1998 Replacement Volume) § 4-401 of the Courts and Judicial Proceedings Article, 3 notwithstanding the fact that the case was removed from the District Court and tried in the Circuit Court. The Circuit Court for Prince George’s County concluded that Clarence James, the plaintiff and the petitioner herein, was not so limited, and it entered judgment, consistent with the jury’s verdict, 4 accordingly. Addressing the appeal filed by Nathaniel Lee Butler, the defendant and respondent herein, the Court of Special Appeals disagreed. Butler v. James, 135 Md.App. 196, 761 A.2d 1036 (2000). It “interpret[ed] § 10-104 ... to require that, once a plaintiff has introduced medical records pursuant to the statute, recovery is limited to $ 25,000.” Id. at 206, 761 A.2d at 1041-42. In addition to explaining that, “[t]o allow a post-trial amendment of the ad damnum clause to conform to the verdict would *689 defeat this requirement,” id. at 206, 761 A.2d at 1042, the intermediate appellate court held “that, by proceeding pursuant to § 10-104, independent of the statutory limitation ... ,[the petitioner] is estopped from pursuing damages in excess of that allowed under § 4-401.” Id. at 211, 761 A.2d at 1044. We issued the writ of certiorari at the petitioner’s request, to consider the correctness of those decisions. James v. Butler, 362 Md. 624, 766 A.2d 147 (2001). We shall affirm. Because we agree with the Court of Special Appeals as to its first ground of decision, we do not reach the estoppel issue.

The petitioner sued the respondent in the District Court of Maryland, sitting in Prince George’s County, hoping to recover damages for injuries he allegedly suffered in an automobile accident, for which he contended the respondent was at fault. The ad damnum of that complaint prayed $ 25, 000.00, the maximum amount allowed for actions of that kind in the District Court. The respondent prayed a jury trial, thus removing the case to the Circuit Court for Prince George’s County.

Thereafter, pursuant to § 10-104, the petitioner filed notice of his intention to introduce medical records and bills and a wage and salary verification form, without a testimonial predicate being provided by a medical provider. Although the notice, which was captioned in the Circuit Court, but contained the District Court case number, was filed in the District Court, in subsequent correspondence, the petitioner acknowledged the discrepancy and stated his intention that the notice apply to the Circuit Court case. Indeed, at trial, although intending to call his treating chiropractor, the petitioner indicated his intention to proceed pursuant to § 10-104. Moreover, he offered as Plaintiffs Exhibit # 1, the notice he filed pursuant to § 10-104, explaining, “Plaintiffs Exhibit 1 was offered — was actually filed duly according to the statute. Since this was filed in District Court initially and we were brought upstairs and there has been no changes to the [ad damnum] pursuant to the statute.” Over the respondent’s objection, finding nothing in § 10 — 104(f) that “may be construed to limit the right of a party to: (1) Request a summons *690 to compel the attendance of a witness; or (2) Examine a witness who appears at trial,” Butler v. James, 135 Md.App. at 200, 761 A.2d at 1038, the trial court admitted the § 10-104 notice and the petitioner’s medical treatment records and medical bills, as well as permitted the petitioner’s treating chiropractor to testify at trial. The petitioner never amended the ad damnum of the complaint nor indicated an intention to withdraw the § 10-104 notice or to rely on the unlimited jurisdiction of the Circuit Court.

The jury returned a verdict in favor of the petitioner for $ 7,540.91 for medical expenses, $ 2,800 for loss of earnings, and $ 300,000 for non-economic damages. Aggrieved, the respondent filed a Motion for New Trial or Remittitur. In addition to opposing the respondent’s motion, the petitioner moved to amend the ad damnum to conform to the amount of the jury verdict. The court denied the respondent’s motion and granted the petitioner’s, prompting the respondent’s successful appeal of the judgment to the Court of Special Appeals. As we have seen, that court reversed the trial court judgment, holding that a plaintiff who proceeded pursuant to § 10-104 thereby limited that plaintiff’s possible recovery to the jurisdictional limit of the District Court. 135 Md.App. at 206, 761 A.2d at 1041-42.

In this Court, the petitioner argues that § 10-104 does not apply because the respondent stipulated to the admission of the medical records and bills and, in any event, the petitioner’s treating orthopaedist testified, relying on medical reports and bills that had been authenticated by admission requests. In addition, the petitioner submits that once the respondent prayed a jury trial and the case was removed to Circuit Court, he began to utilize the discovery rules applicable to that court. Thus, he further submits:

“Butler was on notice that [the petitioner] may or may not have utilized § 10-104, given the nature and extent of the admission requests propounded. After all, what would be the purpose of requesting the authenticity of medical bills, medical reports, the expert qualifications of treating doctors, etc. if one were going to utilize § 10-104. This is trial *691 strategy of a party and is personal to that party. In this case, [the petitioner].”

Alternatively, the petitioner maintains that even if § 10-104 applies to the case, and in the circumstances sub judice, there exists no inconsistency between it and Maryland Rule 2-341(b), pursuant to which a trial judge may permit a party to amend a pleading after trial has begun. Rule 2-341(b) provides:

“b) Within 15 days of trial date and thereafter.

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Bluebook (online)
838 A.2d 1180, 378 Md. 683, 2003 Md. LEXIS 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-butler-md-2003.