Baltimore v. Hart

• Decision Date: 06 November 2006
• Docket Number: No. 16 September Term, 2006.,16 September Term, 2006.
• Citation: 910 A.2d 463,395 Md. 394
• Parties: MAYOR AND CITY COUNCIL OF BALTIMORE v. Michael Lee HART.
• Court: Court of Special Appeals of Maryland

Page 463

910 A.2d 463

395 Md. 394

MAYOR AND CITY COUNCIL OF BALTIMORE v. Michael Lee HART.

No. 16 September Term, 2006.

Court of Appeals of Maryland.

November 6, 2006.

Darrell Chambers, Asst. Sol. (Ralph S. Tyler, City Sol. and William R. Phelan, Jr., Principal Counsel, on brief), Baltimore, MD, for petitioner,

Irwin E. Weiss (Morris E. Balser, on brief), Baltimore, MD, for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, and GREENE, JJ.

CATHELL, Judge.

This case arises from a motor vehicle accident in Baltimore City. On February 16, 2002, a Baltimore City police officer, responding to a call, drove a marked police car through a red traffic signal without stopping and collided with a vehicle driven by Michael Lee Hart. On August 20, 2003, Hart, the respondent, filed a complaint in the Circuit Court for Baltimore City against the Mayor and City Council of Baltimore ("the City"), petitioner, and also against his insurer, Allstate Insurance Company ("Allstate"), alleging injuries resulting from the February 16, 2002, collision. Respondent asserted a single claim of negligence against the City and a count against Allstate as his uninsured motorist carrier.

Maryland's General Assembly has statutorily dictated the minimum safe driving conduct for emergency vehicles on a statewide level. Maryland Code (1977, 2006 Repl. Vol.), § 21-106 of the Transportation Article¹ provides that, when responding to an emergency call, "the driver of an emergency vehicle may . . . [p]ass a red or stop signal, a stop sign, or a yield sign, but only after slowing down as necessary for safety ...." § 21-106(b)(2) (emphasis added). The Baltimore City Police Department, however, provides a more stringent standard in its Baltimore City Police Department General Order No. 11-90 (General Order 11-90). That rule provides that Baltimore City police, when responding to an emergency call for service, must first stop their vehicle when intending to cross an intersection against a red traffic signal and, when assigned as a primary or secondary unit for dispatched calls and responding in an emergency mode, must bring their vehicle to a full stop before crossing against any traffic control device. General Order 11-90(2)(b) and (4)(b).

Prior to trial, on January 14, 2005, petitioner filed a motion in limine to exclude evidence of General Order 11-90. On March 3, 2005, following a hearing, the court denied petitioner's motion. Trial was held on March 30 and 31, 2005. At trial, evidence of General Order 11-90 was introduced by respondent. Petitioner objected to the introduction of the evidence, but its objection was overruled. On March 31, 2005, the trial court issued jury instructions, including an instruction on General Order 11-90. After deliberating, the jury found for respondent and returned a verdict of $46,894.05. The damages were split between petitioner—$20,000.00 (the statutorily mandated maximum)—and Allstate—$26,894.05.²

Petitioner noted a timely appeal to the Court of Special Appeals. On February 2, 2006, the intermediate appellate court affirmed the decision of the Circuit Court. Mayor and City Council of Baltimore v. Hart, 167 Md.App. 106, 891 A.2d 1134 (2006). Petitioner then filed a petition for writ of certiorari; which we granted on June 7, 2006. Baltimore v. Hart, 393 Md. 242, 900 A.2d 749 (2006).

Petitioner presented two questions for our review:

"1. Are a police department's internal rules or guidelines admissible in a vehicular negligence case to demonstrate that the driver of a police emergency vehicle in emergency service violated the standards of behavior for emergency response, when there is a statute that establishes a different standard?

"2. Did the trial court err in denying the City's motion in limine, intended to exclude evidence of police departmental guidelines at trial; in allowing the introduction of such evidence at trial; and in including a jury instruction based on that evidence?"

We hold that a police department's internal rules and guidelines are admissible in specific situations in a vehicular negligence case when they are relevant to whether an officer's conduct in that particular situation was reasonable. In the case sub judice, General Order 11-90 stated specifically what the conduct of a Baltimore City police officer should be when responding in an emergency mode before crossing an intersection against a red traffic signal— the officer must come to a full stop. General Order 11-90 was specifically relevant to the officer's conduct in the case sub judice and is, therefore, admissible. Violation of the General Order is not negligence per se, but it is relevant as to whether the officer's conduct was reasonable. Because we find the evidence admissible, the motion in limine was properly denied and we need not address further the introduction of the evidence at trial or the jury instruction³ pertaining to the General Order.

I. Facts

We adopt the facts as stated by Judge Davis, writing for the Court of Special Appeals in its decision below:

"On February 16, 2002, [respondent] and Officer Mark V. Greff, a Baltimore City Police Officer, were involved in a motor vehicle collision at the intersection of Madison and Wolf[e] Streets in Baltimore City. The intersection of Madison and Wolf[e] Streets is controlled by a traffic signal. [Respondent] testified that, as he was headed westbound on Madison Street, he stopped for a traffic light at Madison Street and Washington [Street]; thereafter, [respondent] proceeded on Madison Street to the intersection of Madison and Wolf[e]. [Respondent] stated that, as he approached the light at the intersection of Madison and Wolf[e] Streets, it turned green for westbound vehicles. He proceeded through the intersection and, at that time, his van was struck by the police cruiser, driven by Officer Greff. [Respondent's] testimony was that he never heard a police siren. He also did not see any police lights prior to entering the intersection.

"Three witnesses, other than [respondent] and Officer Greff, testified at the hearing. Gregory Ware was in a vehicle on Wolf[e] Street, approximately a city block away from the accident, traveling in the same direction as the officer when he witnessed the accident. Ware testified that Officer Greff had the police lights on as he approached the intersection, but he only heard the siren intermittently, describing the sound as the little boop, boop, boop.' Ware's signed statement from the morning of the accident indicates that Officer Greff's lights and siren were activated. Ware testified that his statement indicating that Officer Greff's siren was activated was incorrect. Ware then refused to authenticate the statement. He also stated that Officer Greff's brake lights were activated, but he did not see the Officer come to a complete stop at the intersection. Ware recalled that the traffic signal controlling the direction of the Officer was red.

"At the time of the accident, Jerry Perkins was operating a vehicle directly behind [respondent's] vehicle on Madison Street. He confirmed that, as he and [respondent] approached the intersection, the traffic signal turned green. Perkins was driving with his windows slightly open. His testimony, consistent with that of other witnesses, was that the Officer's cruiser entered the intersection and struck [respondent's] van. Perkins did not recall seeing the police vehicle emergency lights flashing or hearing the siren prior to the accident; he testified, however, that he noticed the police lights were on after the accident and he could hear a faint siren. He was not able to state, with certainty, whether the lights were turned on prior to or following the accident.

"Officer Charles Reickel, one of the officers assigned to investigate the accident, also testified at trial, principally to introduce the statement of Gregory Ware into evidence. Officer Reickel authenticated Ware's statement, testifying that he wrote the facts contained in the statement, but Ware then read and signed the statement. He further explained that, if Ware had indicated Officer Greff `chirped' his siren, it would have been entered that way on the report. The report as written, according to Officer Reickel, reflects that the siren was on continuously.

"At the time of the accident, Officer Greff was responding to a police emergency, involving another officer struggling with a suspect on Monument Street. Officer Greff testified that he responded to the emergency with the lights and siren on. As he approached the intersection of Madison and Wolf[e] Streets, he slowed his vehicle to clear the intersection, then proceeded through the intersection once it was cleared of vehicles. He stated that he proceeded through the intersection under the impression, however mistakenly, that all vehicles including [respondent's] van had yielded to his vehicle. Officer Greff did not recall the color of the traffic signal as he approached the intersection, but testified that he was trained to slow down his vehicle at both green and red lights and clear the intersection because pedestrians do not always follow the traffic signals. When asked during direct examination if he was aware of General Order 11-90, Officer Greff stated that he was not aware of that specific General Order, but was aware that there are General Orders issued by the Commissioner. On cross—examination, Officer Greff was handed a copy of General Order 11-90, and was still not able to say whether he had ever seen it.

...

"On March 2, 2005, [prior to trial,] the court held a hearing on [respondent's] motion in limine to preclude evidence of General Order 11-90. [Petitioner], relying on Richardson v. McGriff, 361 Md. 437 (2000), argued that Baltimore Police Department General Order 11-90 is irrelevant, and use of the General Order would allow [respondent] to mislead the jury in its determination of whether the officer violated the relevant...