S & S Oil, Inc. v. Jackson

53 A.3d 1125, 428 Md. 621, 2012 WL 4350702, 2012 Md. LEXIS 608
CourtCourt of Appeals of Maryland
DecidedSeptember 25, 2012
DocketNo. 122
StatusPublished
Cited by7 cases

This text of 53 A.3d 1125 (S & S Oil, Inc. v. Jackson) 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
S & S Oil, Inc. v. Jackson, 53 A.3d 1125, 428 Md. 621, 2012 WL 4350702, 2012 Md. LEXIS 608 (Md. 2012).

Opinion

GREENE, J.

We are asked to consider whether the trial court committed reversible error by denying Petitioner’s request to include on the special verdict sheet a question specifically addressing the assumption of the risk defense. Petitioner contends that by denying the requested question, the trial court prevented the jury from considering whether Respondent assumed the risk of her injuries and committed reversible error. We hold that under the facts of this case: (1) the intermediate appellate court was incorrect in concluding that assumption of the risk and contributory negligence were “substantially the same question;” (2) the verdict sheet, as written, would cause confusion over which defenses to consider and mislead a reasonable juror to fail to consider the defense of assumption of the risk; (3) failing to adequately present assumption of the risk constituted error because Petitioner had a right to present the defense to the jury; and (4) that error prejudiced Petitioner’s case.

Facts and Procedural History

On June 21, 2007, Elaine W. Jackson (“Respondent”) entered a gas station owned and operated by S & S Oil, Inc. (“Petitioner”). The gas station, located at 9105 Annapolis Road, Lanham, Maryland, was in the process of being renovated. The process included renovating the flooring near the soda machine in the store portion of the building.

Around five-o’clock in the evening, Respondent and her granddaughter drove to the station in order to buy motor oil. Respondent parked her vehicle, walked to the back aisle of the station store, picked up two quarts of oil, paid for them at the register, and exited.

When Respondent returned to her car, her granddaughter asked for a soda. Respondent agreed to buy one for her, and walked back into the building to locate the soda machine. When Respondent saw the machine, she walked toward it. During her walk, Respondent mis-stepped onto uneven [626]*626ground. She did not fall, but she testified that her “foot twisted [her] knee” resulting in injury to her right knee and lower back. Respondent made several visits to doctors and had outpatient surgery on her right knee.

In 2008, Respondent filed a negligence suit against Petitioner in the Circuit Court for Prince George’s County. During the trial, Respondent testified that she was not looking at the floor during her walk to the soda machine as she had just been inside the station store and therefore “trusted [her] environment.” She stated that after her injury she could see that the area was un-level, “sloped,” and “lumpy.” There was evidence, however, in the form of testimony from the station owner, that there was orange or red caution tape across part of the construction area and a “Watch Your Step” sign somewhere in the immediate vicinity of Respondent’s injuries. Respondent testified that she did not see the caution tape, the warning sign, or any dangerous condition, and that she had assumed that the floor surface was level.

At the close of the three-day trial, the trial judge required the jury to return its verdict by answering a series of questions on a special verdict sheet. Additionally, the trial judge provided the jury -with a series of oral instructions. Earlier, Petitioner had requested that the trial judge instruct the jury on assumption of the risk pursuant to Maryland Pattern Jury Instruction 19:13. Respondent’s counsel objected to the instructions, asserting that there was no evidence that Respondent had assumed the risk of her injury. The trial judge overruled the objection and noted that, “that’s going to be the issue [for the jury].” At the close of the trial, the judge gave oral instructions to the jury as to the doctrine, stating specifically:

A plaintiff cannot recover if the plaintiff has assumed the risk of her injury, I guess. A person assumes the risk of an injury if that person knows and understands the risk of an existing danger, or reasonably should have known and understood the risk of an existing danger and voluntarily [627]*627chooses to encounter the risk.1

Originally, the trial judge had considered using a special verdict sheet that included the following questions:

1. Was Defendant S & S Oil, Inc. negligent with regard to the incident of June, 21, 2007?
2. Was Defendant’s negligence a cause of injury to Plaintiff Elaine Jackson?
3. Did Plaintiff Elaine Jackson assume the risk of her injury, or was she contributorily negligent, in the incident of June [21], 2007?
4. Was Plaintiffs negligence or contributory negligence a cause of her injury?

After reviewing the contemplated verdict sheet, Petitioner objected to question three as proposed, arguing that the question should be separated into two questions, one for each affirmative defense. The trial judge responded by striking the reference to assumption of the risk altogether, reasoning that:

[Assumption of risk is a form of negligence ... [Assumption of [the] risk is part of contrib[utory negligence] or negligence. So it’s covered and it — in other words, assump[628]*628tion of the risk is negligence on the part of the Plaintiff____ [I]f the question says negligent or contributorily negligent, it covers assumption of risk and contrib[utory negligence].

Thus, the third question placed on the verdict sheet read: “Was Plaintiff Elaine Jackson negligent or contributorily negligent, in the incident of June [21], 2007?”2 Petitioner noted an objection to the question and an exception to the wording of the verdict sheet. The trial judge attempted to connect her oral instructions to the particular questions on the verdict sheet, stating that “the instructions that I’ve given you about premises liability, negligence, foreseeable circumstances, contributory negligence, and assumption of [the] risk, are the instructions that go into the first and third questions.”

The jury returned a verdict in favor of Respondent, finding that Petitioner was negligent and that its negligence caused Respondent’s injuries. As to question three, the jury found that Respondent was not “negligent or contributorily negligent” under the circumstances. The jury awarded Respondent $12,416.41 for past medical expenses and $131,000.00 in non-economic damages, for a total award of $143,416.41. The trial court entered judgment in favor of Respondent.

Following unsuccessful post-trial motions, Petitioner appealed the judgment to the Court of Special Appeals. Petitioner argued that the trial judge committed error in both admitting evidence of certain medical bills3 and in not presenting the defenses of assumption of the risk and contributory negligence on the verdict sheet as separate questions. The intermediate appellate court issued an unreported opinion affirming the trial court’s judgment, holding that there was no error by the trial judge as to either claim. In affirming the trial judge’s refusal to include a question about assumption of the risk on the verdict sheet, the Court of Special Appeals concluded that [629]

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Cite This Page — Counsel Stack

Bluebook (online)
53 A.3d 1125, 428 Md. 621, 2012 WL 4350702, 2012 Md. LEXIS 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/s-s-oil-inc-v-jackson-md-2012.