Moore v. Myers

• Decision Date: 25 February 2005
• Docket Number: No. 2519,2519
• Parties: Mattie MOORE, as Parent and Next Friend of Monica Graham, a Minor v. Jeanne MYERS, et al.
• Court: Court of Special Appeals of Maryland

868 A.2d 954

161 Md. App. 349

Mattie MOORE, as Parent and Next Friend of Monica Graham, a Minor v. Jeanne MYERS, et al.

No. 2519, September Term, 2003.

Court of Special Appeals of Maryland.

February 25, 2005.

Kevin Finnegan (Thomas W. Farrington, on the briefs), Silver Spring, for Appellant.

Sheila F. Fleshman, Upper Marlboro and Noel Patterson, Greenbelt, for Appellee.

Panel: ADKINS, KRAUSER, and RAYMOND G. THIEME, JR. (Retired, Specially Assigned), JJ.

KRAUSER, Judge.

Twelve-year-old Monica Graham was struck by a car in Prince George's County while fleeing a neighbor's advancing pit bull. The dog was, at that time, both unleashed and unconfined, in violation of Prince George's County law.¹

Seeking damages for her daughter's injuries, Monica's mother, appellant Mattie Moore, brought a negligence action on behalf of herself and her daughter, in the Circuit Court for Prince George's County, against the driver of the car, Mia Flatricia Young; the owner of the dog, Michael Myers; his wife, Jeanne Griffin Myers; and her fifteen year-old son, Jaton Griffin.² JATON, APPELLANT Alleged, played a pivotal role in this matter: he was with the dog at the time of the accident and had, according to appellant, prompted the dog's pursuit of Monica, setting in motion the terrible events of that day.

In her amended six-count complaint, appellant alleged, among other things, that the accident had resulted from the individual negligence of Ms. Young, Jaton, and Mr. and Mrs. Myers and from the Myerses' negligent entrustment of Mr. Myers's pit bull to Jaton. After granting successive motions for judgment, the first at the conclusion of appellant's case and the second at the conclusion of the defense, the court permitted the case to go to the jury on a single count, accusing the driver of the striking vehicle, Ms. Young, of negligence. When the jury returned a verdict in favor of Ms. Young, appellant noted this appeal, but solely on behalf of Monica,³ claiming only that the court had erred in dismissing the negligence and negligent entrustment counts against appellees.

TRIAL

To facilitate our analysis of the issues presented, we shall divide our review of what happened at trial into two segments: appellant's case and appellees' defense. That will permit us to highlight the evidence adduced by each side and the rulings made by the court at the conclusion of each segment.

Appellant's Case

Although Monica, her treating physician, and both her parents testified, the case for liability, which is the only aspect of this matter before us, rested entirely on Monica's testimony and the portions of the deposition testimony and answers to interrogatories of Michael Myers and of Mia Young that were read into the record. We shall not, therefore, recount the testimony of Monica's parents or her physician, which focused principally on the injuries that Monica sustained and the ensuing medical treatment she received, except to note that this accident left Monica with two broken arms, a broken leg, and a fractured jaw.

A. Monica's Testimony

Monica testified that on July 18, 1999, she and three friends were walking along Columbia Park Road, not far from her residence. As the girls approached the Myerses' home, at 7104 Columbia Park Road, Monica saw Jaton and two other boys, Heath and Nathaniel, "standing by the steps [of the house] with a dog." Monica knew all three boys either from school or from the neighborhood.

The dog was a pit bull. It was unleashed and standing between Jaton and Heath, in an unenclosed front yard. In front of the Myerses' house, Jaton and one of Monica's friends, Showna, got into an argument. At that point, Jaton threatened to "sic his dog on" the girls. When he purportedly "said something to the dog to make the dog ... aggressive," the dog barked at the girls and started towards Monica, "like it was coming after" her. As it approached, Monica "got scared," turned and ran into the path of Ms. Young's oncoming car.

B. Michael Myers's Deposition Testimony

Appellant read portions of Mr. Myers's deposition testimony into the record. Myers deponed that he owned the pit bull. He insisted, however, that the dog had never bitten anyone, except during personal protection training when the dog bit a protective sleeve. He also stated that he regularly allowed Jaton to play with the pit bull in front of his house, and did not require Jaton to put the dog on a leash.

On his way home on the date of the accident, he saw a group of girls walking along Columbia Park Road, headed in the direction of his house. He stated that, when he got home, "[he] walked past Jaton," who was "by the steps with the dog." As he entered his house, he heard the slamming of car brakes.

C. Mia Young's Deposition Testimony

Excerpts from the deposition of Mia Young were read into the record. The excepts disclosed that, as Ms. Young drove down Columbia Park Road towards the Myerses' house, she observed three girls running in the street, with a dog in pursuit. She noted that the dog wore a leash, that it "was behind the children," and that it looked like it was chasing them.

D. Court's Ruling

At the conclusion of appellant's case, the circuit court granted judgment in favor of Mrs. Myers and Jaton as to all counts and granted judgment in favor of Mr. Myers as to all counts, except Count I.

Appellees' Defense

The defense presented only two witnesses: Mia Young, the driver of the vehicle that struck Monica, and Officer James Stanley of the Prince George's County Police Department. For his convenience, Officer Stanley was permitted to testify during the presentation of appellant's case, even though he was called by the defense. The officer testified that when he arrived at the scene of Monica's accident, he was not told by anyone that a dog had been involved in the accident. Nor did he recall animal control being called in response to this accident.

Ms. Young testified that she only saw Monica for a second, before she struck Monica with her car. She confirmed that she saw three girls running in the street, chased by a pit bull wearing a leash.

At the conclusion of Ms. Young's testimony, the court granted judgment in favor of Mr. Myers as to Count I, submitting only the question of Ms. Young's negligence to the jury. A verdict in favor of Ms. Young followed.

STANDARD OF REVIEW

"A party may move for judgment on any or all of the issues in any action at the close of the evidence offered by an opposing party, and in a jury trial at the close of all the evidence." Md. Rule 2-519(a). In deciding such a motion during a jury trial, "the court shall consider all evidence and inferences in the light most favorable to the party against whom the motion is made." See Md. Rule 2-519(b). On appeal, when "reviewing the propriety of the grant or denial of a motion for judgment by a trial judge [we] must conduct the same analysis." Azar v. Adams, 117 Md.App. 426, 435, 700 A.2d 821 (1997) (citation omitted). Consequently, "[w]e assume the truth of all credible evidence on the issue, and all fairly deducible inferences therefrom, in the light most favorable to the party against whom the motion is made." Tate v. The Board of Education of Prince George's County, 155 Md.App. 536, 544, 843 A.2d 890 (2004) (citation omitted). Therefore, "if there is any evidence, no matter how slight, that is legally sufficient to generate a jury question, the case must be submitted to the jury for its consideration." Id. at 545, 843 A.2d 890.

DISCUSSION

I.

Appellant contends that the circuit court erred in granting Mr. Myers's motion for judgment as to Count I of the complaint. That count alleged that Mr. Myers was negligent in "fail[ing] to contain, control, and warn about [his] pit bull dog so as to not cause injury to others" in violation of a Prince George's County law. The county ordinance, upon which appellant relies, required that a pit bull be "maintained within a building or a secure kennel at all times" and if "removed from the building or kennel," to "be secured by . . . a leash and maintained under the control of an adult." Mr. Myers's violation of that law, according to appellant, was a proximate cause of Monica's injuries.

Our analysis begins with the observation that "Maryland has adopted a very restrictive rule about granting [motions for judgment] in negligence actions." Banks v. Iron Hustler Corp., 59 Md.App. 408, 423, 475 A.2d 1243 (1984). Indeed, it "has gone almost as far as any jurisdiction that we know of in holding that meager evidence of negligence is sufficient to carry the case to the jury." Id. (quoting Fowler v. Smith, 240 Md. 240, 246, 213 A.2d 549 (1965)). "The rule has been stated as requiring submission if there be any evidence, however slight, legally sufficient as tending to prove negligence, and the weight and value of such evidence will be left to the jury." Id. (emphasis omitted).

To prevail in a typical negligence action, one must show "(1) that the defendant was under a duty to protect the plaintiff from injury, (2) that the defendant breached that duty, (3) that the plaintiff suffered actual injury or loss, and (4) that the loss or injury proximately resulted from the defendant's breach of the duty." Horridge v. Saint Mary's County Department of Social Services, 382 Md. 170, 182, 854 A.2d 1232 (2004). But, "where there is an applicable statutory scheme designed to protect a class of persons which includes the plaintiff,. . . the defendant's duty ordinarily `is prescribed by the statute' or ordinance and that the violation of the statute or ordinance is itself evidence of negligence." Brooks v. Lewin Realty III, Inc., 378 Md. 70, 78, 835 A.2d 616 (2003) (citations omitted). In that situation, "all that a plaintiff must show is: (a) the violation of a statute or ordinance designed to protect a specific class of persons which includes the plaintiff, and (b) that the violation proximately caused the injury complained of." Id. at 79, ...