Mason v. Lynch

878 A.2d 588, 388 Md. 37, 2005 Md. LEXIS 430
Court of Appeals of Maryland·Decided July 15, 2005·No. No. 24·Published·Cited by 15 cases

Opinions

Opinion by ELDRIDGE, J.

The petition for a writ of certiorari in this negligence tort action presented a single question as follows:

“In a personal injury case arising from a motor vehicle accident, may a defendant place in evidence photographs showing minimal property damage and argue [in closing argument to the jury] that the photographs support an inference that the plaintiff was not injured, absent expert testimony establishing a correlation between property damage and personal injury?”

We granted the petition and shall hold that, under the circumstances of this case, the admissibility of the photographs was within the trial judge’s discretion and that the trial judge did not abuse his discretion. We shall further hold, in light of the admission of the photographs and other evidence, that the closing argument by defendant’s counsel was not improper.

I.

The motor vehicle accident giving rise to this tort suit occurred at the western end of the Woodrow Wilson Bridge, in the eastbound lanes, as the parties were traveling from Virginia to Maryland.1 The accident involved three motor vehicles [40] in a rear-end chain collision. The plaintiff-petitioner, Cathy Mason, was operating the front automobile which was stopped, in the left eastbound lane, because of heavy traffic. Cathy Mason’s brother, Gregory James Mason, was a passenger in her car. Stopped directly behind Cathy Mason’s car was an automobile operated by Warren Goldman. The automobile operated by the defendant-respondent, Chauncey R. Lynch, had been in the adjacent lane of traffic. Lynch decided to change lanes, pulling his vehicle into the left lane behind Goldman’s car. While Lynch was changing lanes and looking backward, his vehicle struck the Goldman vehicle in the rear. Even though Goldman’s foot was on the brake pedal, the impact caused Goldman’s car to strike the rear of Mason’s car, pushing Mason’s car forward. During Goldman’s attempt to control his automobile after the initial impact, Goldman’s car struck Mason’s car in the rear a second time.

Mason filed in the Circuit Court for Prince George’s County this tort action against Lynch, alleging that Mason suffered personal injuries as a result of the accident and that these injuries were proximately caused by Lynch’s negligence. Lynch answered by, inter alia, denying that he was negligent or that his actions caused Mason’s injuries.

Prior to trial, counsel for both parties agreed not to call health care providers as witnesses at the trial and not to conduct discovery or depositions of experts. Instead, they stipulated to the submission of medical records and bills, including bills and reports from each of Cathy Mason’s treating doctors, a report of an independent medical evaluation conducted at the request of defendant’s counsel, and reports by Mason’s doctors rebutting the defense’s independent report. Counsel further agreed to a maximum jury verdict of $60,000. The doctors’ reports submitted by Mason supported her contention that she had been injured as a result of the [41] accident. One of those reports set forth the doctor’s view that “there is no relationship between [the] degree of vehicle damage and [the] degree of patient injury.” The doctor who had examined Mason at the defendant’s request concluded in his report that most of the treatment received by her was unrelated to the collision.

Also before trial, the plaintiffs attorney had filed a motion in limine, seeking an order precluding the defendant’s attorney from offering in evidence at the trial photographs showing minimal damage to the plaintiffs automobile immediately after the accident. The motion also sought to preclude the defendant’s attorney from arguing “to the jury that the limited property damage shows [that] the force of the impact was insufficient to cause Plaintiffs injuries.” The plaintiffs motion in limine relied upon a recent opinion by the Supreme Court of Delaware, Davis v. Maute, 770 A.2d 36 (Del.2001), holding that, in a motor vehicle accident personal injury case, “where liability is conceded and the sole issue is the extent of the plaintiffs personal injuries attributable to the accident,” photographs showing minimal damage to the plaintiffs vehicle are not admissible to support an inference that the plaintiffs personal injuries resulting from the accident were also minimal, absent expert testimony warranting such an inference. Davis, 770 A.2d at 40-42. The Delaware court also held, with regard to a defense counsel’s argument to the jury, as follows (id. at 40, footnotes omitted):

“As a general rule, a party in a personal injury case may not directly argue that the seriousness of personal injuries from a car accident correlates to the extent of the damage to the cars, unless the party can produce competent expert testimony on the issue. Absent such expert testimony, any inference by the jury that minimal damage to the plaintiffs car translates into minimal personal injuries to the plaintiff would necessarily amount to unguided speculation.”

Defense counsel opposed the motion in limine, arguing that, in Maryland personal injury actions growing out of motor vehicle accidents, photographs of the vehicles after the accidents have always been deemed admissible as relevant evi[42] dence. The defendant’s attorney asserted “[t]hat plaintiffs routinely introduce photographs of the vehicles that they were in when it shows substantial property damage specifically for the purpose of showing that the plaintiff could have had the injuries that were sustained.” Defense attorney claimed that it is “common knowledge” that there is some relationship between “the particular extent of vehicle damage and the likelihood of a particular injury.” The defense concluded:

“That it’s also interesting to note that the parties in this case have agreed that no experts would be called pursuant to an agreement to allow the medical bills in for a limit on recovery. That it’s interesting to note that once this agreement was put into place that no experts would be called, Plaintiff now files this Motion in Limine in part based upon the fact that no experts would be called. This is unfair and clearly improper.”
“Finally, Maryland courts have never precluded the use of photographs of vehicles in auto accident cases.”

The trial judge denied the motion in limine. Later at the trial, during the cross-examination of Cathy Mason, the witness testified to the accuracy of two photographs showing “the damage done to your [Mason’s] car as a result of the accident.” The photographs were admitted into evidence over the objection of plaintiffs counsel.

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Mason v. Lynch, 878 A.2d 588, 388 Md. 37, 2005 Md. LEXIS 430 (Md. 2005).

878 A.2d 588 (Mason v. Lynch) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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