Urquhart v. Simmons

660 A.2d 412, 339 Md. 1, 1995 Md. LEXIS 87
CourtCourt of Appeals of Maryland
DecidedJune 26, 1995
DocketNo. 108
StatusPublished
Cited by26 cases

This text of 660 A.2d 412 (Urquhart v. Simmons) 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
Urquhart v. Simmons, 660 A.2d 412, 339 Md. 1, 1995 Md. LEXIS 87 (Md. 1995).

Opinions

CHASANOW, Judge.

We are called upon in this case to determine the scope of a trial court’s authority to transfer a case based on the doctrine of forum non conveniens as codified in Maryland Rule 2-327(c). For the reasons discussed below, we hold that a trial court may not sua sponte transfer a case on the grounds of forum non conveniens. Nevertheless, because the defendants in the instant case adequately raised that issue by filing their motion to dismiss or to transfer, we hold that the trial judge did not abuse his discretion in transferring this case to Montgomery County.

I.

This appeal arises out of a tort action filed by Angela Simmons, and her children, Sharon, David, and Mark Simmons, in the Circuit Court for Prince George’s County against Joann Urquhart, M.D., William Tullner, M.D.,1 and Maryland [4]*4Cardiology Associates, P.A. (MCA) for wrongful death and survival arising out of the death of Anthony Simmons, the husband and father of the plaintiffs.

Mr. Simmons visited MCA’s office on February 25, 1987 complaining of chest pains.2 On March 4, 1987, Mr. Simmons was admitted to Washington Adventist Hospital in Montgomery County for a cardiac catheterization to determine the cause of his chest pains. Dr. Tullner performed the cardiac catheterization on March 5, 1987 and the results of the test showed that there were no significant arterial blockages.

While Mr. Simmons was still in the hospital, Dr. Tullner left town to attend a medical convention and Dr. Urquhart took over the care of Mr. Simmons. Dr. Urquhart discharged Mr. Simmons from the hospital on the evening of March 9, 1987. Prior to discharging Mr. Simmons, Dr. Urquhart examined his chart, examined his heart and lungs, provided him with routine discharge instructions, and prescribed several medications. Dr. Urquhart did not specifically inform Mr. Simmons of the potential complications from the cardiac catheterization, such as pain and fever, which are associated with a potentially fatal condition known as pulmonary embolization. Dr. Urquhart did, however, advise Mr. Simmons to call her if he experienced any problems. On March 13, 1987, Mr. Simmons died of a pulmonary embolism at Greater Laurel Belts-ville Hospital in Prince George’s County.

Subsequently, plaintiffs filed a wrongful death and survival action with the Health Claims Arbitration Office. Prior to proceeding with the claim, the parties waived arbitration and filed a complaint for wrongful death and survival in the Circuit Court for Prince George’s County. Soon after the lawsuit was filed, the defendants filed a Motion to Dismiss, or, in the Alternative, Motion to Transfer to the Circuit Court for [5]*5Montgomery County, requesting that the case be dismissed or in the alternative transferred to Montgomery County. The defendants cited Maryland Code (1974, 1995 Repl.Vol.), Courts and Judicial Proceedings Article, §§ 6-201 and 6-202 in support of their motion.3 Plaintiffs filed an answer to the motion in opposition to defendants’ request to dismiss or to transfer the case. A hearing was held before Judge Steven I. Platt on defendants’ motion to dismiss or to transfer.

Defendants claimed that any “contacts” arising in this case occurred in Montgomery County and that viewing the “totality of the circumstances” the case should be transferred to Montgomery County for trial. Defendants’ counsel noted that all three physicians associated with MCA resided in Montgomery County;4 the complaint listed all three physicians with business addresses in Montgomery County; the cardiac catheterization took place at Washington Adventist Hospital in Montgomery County; and relevant telephone conversations between Mr. Simmons and Dr. Urquhart took place through her Montgomery County office. In opposition to defendants’ motion, plaintiffs’ counsel argued that although there were many contacts with Montgomery County, Prince George’s County was a proper venue because MCA earned on a regular business in its Laurel office in Prince George’s County and because Mr. Simmons died at Greater Laurel Beltsville Hospital in Prince George’s County.

[6]*6At the hearing on defendants’ motion, Judge Platt asked defense counsel if his “response to ... [plaintiffs’ counsel’s] argument that he’s entitled to proceed in Prince George’s County ... is essentially & forum non conveniens argument.” Defense counsel responded that “I think you could probably draw that analogy. I think there has to be some discretion on your part in evaluating the venue in this case.... ” At the close of the hearing on the motion to dismiss or to transfer, the judge transferred the case to the Circuit Court for Montgomery County. In so doing, the court stated:

“The Court has reviewed 6-201 and 6-202 [Md.Code (1974, 1995 Repl.Vol.), Courts and Judicial Proceedings Article] as well as heard the arguments of counsel and read the memorandums and as well as the exhibits and the Court feels that the motion for—obviously I’m not going to dismiss the case, but I do believe it should be transferred to Montgomery County and I will sign an order to that effect.”

The case was transferred to the Circuit Court for Montgomery County and the trial was held before Judge J. James McKenna. At trial, the respective parties recited contradictory versions of the events leading up to the death of Mr. Simmons.

According to the testimony of Mrs. Simmons, Mr. Simmons repeatedly called MCA’s office in an attempt to reach Dr. Urquhart. Notes taken by Sharon Siegler, MCA’s Bethesda office manager, on March 10, 1987 state that Mr. Simmons telephoned the MCA office and told her that he was experiencing some pain in the left side of his stomach and had a fever. After another telephone call from Mr. Simmons, Ms. Siegler wrote another note which stated “hematoma from cath.” and “fever” and “pain.” Plaintiffs claim that despite these repeated attempts to reach Dr. Urquhart, she never returned Mr. Simmons’s calls until March 12, 1987.

To further support plaintiffs’ claim that Mr. Simmons could not reach Dr. Urquhart, Dr. Wayman W. Cheetham, M.D., Mr. Simmons’s diabetes physician, testified that Mr. Simmons called him about the symptoms he was experiencing following [7]*7the cardiac catheterization and informed Dr. Cheetham that he was unable to reach his cardiologist. According to Dr. Cheetham, he told Mr. Simmons that he should continue to try and reach his cardiologist. Dr. Cheetham also testified that Mr. Simmons called him at least one more time after that conversation and told him that he was still unable to reach his cardiologist. Dr. Cheetham told Mr. Simmons that if he could not reach his cardiologist he needed to “be seen by someone” and that he should go to the emergency room because his symptoms may indicate a potential life threatening complication. Mr. Simmons never went to the emergency room despite the warning from Dr. Cheetham that his life could be in danger.

According to the testimony of Ms. Siegler and Dr. Urquhart they repeatedly urged Mr. Simmons to seek medical attention and he refused. Dr. Urquhart testified that she spoke with Mr. Simmons on the telephone on the evenings of March 11 and March 12, 1987. Dr. Urquhart testified then when she called Mr. Simmons from her home on the evening of March 11 he described his symptoms and she asked him to feel for his femoral artery. Mr. Simmons informed her that it hurt him when he felt it.

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Bluebook (online)
660 A.2d 412, 339 Md. 1, 1995 Md. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/urquhart-v-simmons-md-1995.