Neustadter v. Holy Cross Hospital of Silver Spring, Inc.

13 A.3d 1227, 418 Md. 231, 2011 Md. LEXIS 79
CourtCourt of Appeals of Maryland
DecidedFebruary 24, 2011
Docket12, September Term, 2010
StatusPublished
Cited by14 cases

This text of 13 A.3d 1227 (Neustadter v. Holy Cross Hospital of Silver Spring, Inc.) 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
Neustadter v. Holy Cross Hospital of Silver Spring, Inc., 13 A.3d 1227, 418 Md. 231, 2011 Md. LEXIS 79 (Md. 2011).

Opinions

GREENE, J.

Petitioner (“Mr. Neustadter”) appeals from a judgment of the Circuit Court for Montgomery County and asserts that his constitutional right to the free exercise of his religion was infringed by rulings denying a two-day postponement or recess during his medical malpractice case so that he could [234]*234observe an Orthodox Jewish holiday. The trial judge and County Administrative Judge collectively denied four motions for postponement of the case. We hold that the judges abused their discretion in denying the requests for a continuance of the trial where the movant’s religious beliefs prohibited any appearance or advocacy on his behalf in the pending civil court proceeding. Therefore, we reverse and remand for a new trial.

FACTS AND PROCEDURAL HISTORY

Petitioner filed a complaint in the Circuit Court for Montgomery County against Capital Internal Medicine, LLC, Dr. Ahmed Nawaz, MD, and Holy Cross Hospital of Silver Spring (“Holy Cross”) alleging negligent medical care of his father, Israel Neustadter, who died on March 27, 2003.1 On October 20, 2006, the Circuit Court scheduled the case for a ten-day trial to commence on February 11, 2008. At a pre-trial hearing on January 24, 2008, the trial judge rescheduled the ten day trial, on a motion to continue by Respondent, to begin instead on June 2, 2008.2 In addition, the trial judge appointed a Special Master to resolve ongoing discovery disputes.

Between January and May, 2008, counsel for the parties communicated on several occasions about an anticipated scheduling conflict due to Petitioner’s anticipated religious observances, which would fall on the fifth and sixth days of the, then, ten-day trial. Subsequently, on May 6, 2008, Petitioner filed a “Motion to Suspend Trial Days for Religious Holidays”3, 4 (“May 6th motion”) stating in pertinent part:

[235]*235Mr. Neustadter is an Orthodox Jew who is one of the most observant followers of Jewish principles and requirements.
During Shavous he is (1) prohibited from doing any work including attending trial on these days [June 9 and 10, 2008] and (2) his attorney is prohibited, as his agent, from doing work on his behalf .... On the Sabbath, Orthodox Jews ... strictly observe the requirement that work is prohibited ... and an agent is also prohibited from doing work on his behalf.

Petitioner’s motion also summarized the attempts that had been made with opposing counsel to resolve the scheduling conflict without the intervention of the court. Dr. Nawaz opposed the motion. In his opposition motion, Dr. Nawaz suggested that rather than suspend the trial, if the trial court was “inclined to accommodate Plaintiffs religious beliefs, the entire case should be continued to a future date where any conflicting religious commitments can be known in advance and avoided.” An order denying Petitioner’s first motion was entered May 7, 2008. Subsequently, Petitioner raised the scheduling conflict at a discovery hearing on May 14, 2008, at which point Respondent expressed an interest in maintaining the current trial schedule. The trial judge denied Petitioner’s request to alter the trial schedule. At that hearing, Petitioner notified the court that he would file a motion to reconsider.

[236]*236On May 19, 2008, Petitioner filed a second postponement motion entitled, “Motion to Reconsider Motion to Suspend Trial Days for Religious Holidays.” Petitioner reiterated his argument from the May 6th motion and submitted an affidavit from the Assistant Rabbi of his congregation citing the specific prohibitions of the Sabbath and concluding that it would be impossible for either Petitioner, or his attorney, to participate in any way in a legal proceeding on June 9th and 10th. Furthermore, Petitioner contended that conducting his trial on the Sabbath violated his First Amendment Rights, that he had a right to attend and appear at trial, and that he would be prejudiced if the trial were held in his absence. When the Motion to Reconsider was discussed at the pre-trial hearing on May 22, 2008, Petitioner asked the court to consider the “constitutional issues ... when deciding not to honor somebody’s religious requirements.” The Motion to Reconsider was denied.

On June 2, 2008, the day before trial was to begin, Petitioner filed a third “Motion to Postpone Trial for Religious and Fairness Reasons,” which was opposed by Respondent. Petitioner stated two grounds for the motion: (1) prejudice and (2) fairness because of an earlier accommodation to Respondent. Petitioner stated in the motion:

This case was rescheduled on January 24, 2008 ... due to pending discovery matters and other issues that still had to be resolved. ... At that time, the Plaintiff consented to the postponement.
At that time, it was about two weeks before trial when the defense attorneys’ scheduling problem was raised for the first time at the pretrial conference.

Respondent opposed the Motion to Postpone arguing that the court had already denied Petitioner’s request on three occasions, that there was no mention at the January pre-trial conference of a scheduling conflict, and that only one of their four expert witnesses could be rescheduled to testify on June 11th. The Administrative Judge denied the Motion to Postpone.

[237]*237On June 3rd, before the trial judge, Petitioner raised the issue of postponement “one more time.” The trial judge declined to postpone the trial stating, “[w]e’ve addressed that issue numerous, this issue, particular issue, numerous times and I have explained numerous times why the case is not going to be continued or suspended and that’s really the ruling of the case at this point. So I have to deny the motion.”

The trial began on June 3, 2008. Petitioner presented his case, which consisted of 13 witnesses, from June 3rd through June 6th. At the conclusion of Mr. Neustadter’s case on June 6, 2008, Holy Cross moved for judgment, which the court denied. After the jury was dismissed for the day, the trial judge asked Mr. Neustadter’s counsel, “[i]t’s my understanding you’re not going to be here [on Monday]?” Counsel for Petitioner responded affirmatively and then objected to the trial continuing on Monday and Tuesday. Court proceedings were set to begin mid-morning on Wednesday so that Petitioner could listen to a recorded transcript of the trial proceedings. The parties also discussed that a defense witness, Dr. Geckler, who had previously agreed to move his appearance to Wednesday, would actually testify on Monday.

On Monday and Tuesday, June 9 and June 10, 2008, in Mr. Neustadter’s absence, Holy Cross Hospital put on its entire case-in-chief, which included the testimony of four expert witnesses and one of Israel Neustadter’s treating physicians, all offered to refute the Hospital’s liability for damages. On June 9, 2008, Holy Cross offered the testimony of Dr. Richardson, qualified as an expert in geriatric and family medicine, and of Dr. Geckler, qualified as an expert witness in internal medicine and infectious disease. On June 10, 2008, Holy Cross introduced the testimony of Dr. Ball, one of the treating critical care pulmonologists for Israel Neustadter; Ms. McMullen, qualified as an expert in the field of nursing; and Dr. Goldstein, qualified as an expert in internal medicine, pulmonary medicine, and critical care medicine.

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Bluebook (online)
13 A.3d 1227, 418 Md. 231, 2011 Md. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neustadter-v-holy-cross-hospital-of-silver-spring-inc-md-2011.