Black v. Leatherwood Motor Coach Corp.
Decision Date | 01 September 1991 |
Docket Number | No. 1320,1320 |
Citation | 92 Md.App. 27,606 A.2d 295 |
Parties | Estella BLACK, et al. v. LEATHERWOOD MOTOR COACH CORPORATION. , |
Court | Court of Special Appeals of Maryland |
Toni S. Lifshotz, argued (Henry I. Greenberg, on the brief), Baltimore, for appellants.
Jeffrey R. DeCaro, argued (Deborah E. Kane and O'Malley & Miles, on the brief), Upper Marlboro, for appellee.
Argued before ROSALYN B. BELL, FISCHER and DAVIS, JJ.
Appellants/cross-appellees Estella Black and Mary Martinez brought an action against appellee Leatherwood Motor Coach Corporation (Leatherwood) and others for injuries they sustained in a bus accident on September 29, 1986 on Interstate 295 in Salem County, New Jersey. Joe Martinez, Mary Martinez's husband, also brought suit for damages to their marital relationship. Prior to trial, the parties agreed that the substantive tort law governing the case would be that of New Jersey.
A jury in the Circuit Court for Baltimore City returned verdicts for all three plaintiffs, but declined to award punitive damages. Estella Black was awarded $370,022.12, Mary Martinez $1,053,773.08, and Joe Martinez $53,312.82. Following the trial, Leatherwood requested that the jury's award to Mary and Joe Martinez be consolidated and reduced pursuant to Md.Cts. & Jud.Proc.Code Ann., § 11-108 (1974, 1989 Repl.Vol.) (the $350,000 "cap" on noneconomic damages in personal injury cases). The trial judge declined to make any adjustment to the judgment awarded by the jury.
Both sides have appealed from the judgment of the circuit court. Appellants contend that the trial judge erred in his instructions to the jury on the issue of punitive damages. Leatherwood, on the other hand, claims that the trial judge erred when he failed to apply the "cap" on noneconomic damages and reduce the jury's award to Mary and Joe Martinez. Leatherwood then argues that, assuming that the cap should have been applied, the loss of consortium claim of Mary and Joe Martinez should have been consolidated with Mary's individual claim and then reduced pursuant to the cap. Finding no error in the trial judge's rulings on the issues raised, we will affirm.
The facts are briefly stated. Appellants, residents of the District of Columbia and Virginia, were passengers on a bus owned by Leatherwood, then a Virginia corporation. The bus was travelling to Atlantic City, New Jersey, on September 29, 1986. An accident occurred which resulted in serious injuries to appellants. Appellants brought suit in the Circuit Court for Baltimore City against appellee and several other defendants, including the driver and the charter company. 1 Appellants filed a Notice of Intent to Rely on Foreign Law, specifically New Jersey law. All parties agreed from the outset that the case was to be governed by New Jersey substantive law. The trial judge granted summary judgment to appellants on the issue of liability, and the case proceeded to trial solely on the issue of damages. The jury returned the verdicts described supra, but declined to award any punitive damages. Following the trial, the trial judge declined Leatherwood's request, pursuant to Md.Cts. & Jud.Proc.Code Ann., § 11-108, to reduce the noneconomic damages awarded by the jury. This appeal and cross-appeal followed.
Following the trial judge's instructions to the jury, Leatherwood requested that the trial judge provide an additional instruction to the jury on the issue of punitive damages. Leatherwood argued that the trial judge's original instruction on the issue was inadequate because it failed to point out that negligence, even gross negligence, was insufficient to support an award of punitive damages. During a lengthy argument prior to the trial judge's additional instruction, appellants argued that no such additional instruction was necessary because Leatherwood's requested instruction was fairly covered in the trial judge's original charge to the jury. Appellants alternatively argued that, if the proposed instruction were given, some definition of the term "gross negligence" was required.
After initially indicating that he would not provide any additional instructions on the issue of punitive damages, the trial judge changed his mind. He stated to the jury:
Appellants excepted to this instruction, raising two issues: that the instruction was unnecessary because the trial judge's original instructions fairly covered the issue; and that the instruction was improper and confusing because it was taken out of context from a New Jersey appellate opinion on punitive damages. 3
On appeal, appellants contend (1) that the challenged instruction was covered in the trial judge's original instructions on the issue; (2) that the challenged instruction failed to provide a definition of the term "gross negligence"; (3) that, by stating that "counsel have asked," the trial judge implied that both sides requested the additional instruction; and (4) that by quoting one sentence from a New Jersey case out of context, the trial judge's additional instruction increased the likelihood of confusion on the part of the jury.
Leatherwood argues that the second and third issues raised by appellants were not preserved for our review because appellants did not raise these grounds when they excepted to the trial judge's additional instruction on punitive damages. Based on our review of the record, as outlined earlier, we agree that the second and third issues were not properly preserved. We explain.
Rule 2-520 sets forth the procedures for a trial judge's instructions to the jury in a civil case. Rule 2-520(a) mandates that the trial judge instruct the jury at the conclusion of the evidence and before closing arguments by counsel. The instructions may be given orally or in writing, verbatim as requested by counsel or in the court's own words, or by any combination of these methods. Rule 2-520(b).
In objecting to instructions as given, counsel must object "on the record promptly after the court instructs the jury, stating distinctly the matter to which the party objects and the grounds of the objection." Rule 2-520(e). The purpose of this requirement is to allow the trial judge an opportunity to correct or supplement his instructions. Barone v. Winebrenner, 189 Md. 142, 145, 55 A.2d 505 (1947).
Upon objection to the instructions given, the trial judge has the power and discretion to amplify his or her charge to the jury to cover the law of the case. Wood v. Abell, 268 Md. 214, 235, 300 A.2d 665 (1973). In the event additional instructions are given, once again, the trial judge is not bound to use the words of counsel, but may orally express the additional instructions to the jury in his or her own words. Rule 2-520(c).
Upon the giving of additional instructions, the requirements of Rule 2-520(e) remain fully applicable; that is, "a party must fully comply with the requirements of the rule at every stage of the instructions in order to preserve his rights; otherwise there is nothing for us to consider on an appeal." Casey v. Roman Catholic Archbishop of Baltimore, 217 Md. 595, 612, 143 A.2d 627 (1958).
In this case, although appellants objected to Leatherwood's proposed additional instruction before it was given on the second issue raised on appeal (that no definition of gross negligence was provided), they failed to renew the objection on this ground in their post-instruction exceptions to the additional instruction as given. Thus, this issue is not preserved for our review. Greenbelt Coop. Publishing Ass'n v. Bresler, 253 Md. 324, 380, 252 A.2d 755 (1969), rev'd on other grounds, 398 U.S. 6, 90 S.Ct. 1537, 26 L.Ed.2d 6 (1970); Morris v. Peace, 14 Md.App. 681, 687, 288 A.2d 600, cert. denied, 266 Md. 740 (1972) ( ). 4
With respect to appellants' third point discussed supra, that the trial judge's language left the impression with the jury that both parties requested the additional instruction, this argument was never raised at all in the trial court and was certainly not preserved. Rule 8-131(a).
Appellants did preserve their first and fourth arguments about the trial judge's additional instruction to the jury on punitive damages. First, appellants argued that the additional instruction had already been covered by the trial judge's previous instruction. While this assertion is arguably correct, appellants have failed to demonstrate on appeal how this repetition resulted in prejudice to their case. Trial judges, in their discretion, may decline to give a requested instruction when the substance of the instruction was fairly covered by other instructions. Myers v. Estate of Alessi, 80 Md.App. 124, 132, 560 A.2d 59, cert. denied, 317 Md. 640, 566 A.2d 101 (1989). This discretion, however, runs both ways; a trial judge may also, in his or her discretion, repeat an instruction which the trial judge feels may have been insufficient or erroneous when originally given. Wood, 268 Md. at 235, 300 A.2d 665; Fisher v. Baltimore Transit Co., 184 Md. 399, 402, 41 A.2d 297 (1945). In the absence of some claim of prejudice, we see no error in the trial judge's instruction based on appellants's first argument.
Appellants's fourth argument is that the trial judge erred by instructing the jury based on a single...
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