U.S. v. Streidel

• Decision Date: 01 September 1992
• Docket Number: No. 21,21
• Citation: 620 A.2d 905,329 Md. 533
• Parties: UNITED STATES of America v. Glenn D. STREIDEL et al. Misc.,
• Court: Maryland Court of Appeals

Page 533

329 Md. 533

620 A.2d 905

UNITED STATES of America v. Glenn D. STREIDEL et al.

Misc. No. 21, Sept. Term, 1992.

Court of Appeals of Maryland.

March 11, 1993.

Motion for Reconsideration Denied

April 21, 1993.

Marc Richman, Stuart M. Gerson, Asst. Atty. Gen., Washington, DC, Richard C. Bennett, U.S. Atty., Baltimore, and Robert S. Greenspan, Washington, DC, all on brief, for appellant.

David M. Funk, Richard A. Froehlinger, III, Shapiro and Olander, Baltimore, amicus curiae, for Medical Mut. Liability Ins. Soc. of MD.

Michael T. Wharton, David A. Roling (Wharton, Levin, Ehrmantraut, Klien & Nash, all on brief), Annapolis, amicus curiae, for Product Liability Advisory Council, Inc. and The Motor Vehicle Mfrs. Ass'n of the United States Inc.

George W. Shadoan (Shadoan and Michael, both on brief), and Solomon L. Margolis, on brief, Rockville, for appellee.

Paul D. Bekman, Daniel M. Clements, Scott R. Scherr, Baltimore, amicus curiae, for Maryland Trial Lawyers Ass'n.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

ELDRIDGE, Judge.

The United States Court of Appeals for the Fourth Circuit, pursuant to the Uniform Certification of Questions of Law Act, Maryland Code (1974, 1989 Repl.Vol.), §§ 12-601 through 12-609 of the Courts and Judicial Proceedings Article, has certified, in this wrongful death action, the following question to this Court "Whether the Maryland solatium cap of $350,000 is applicable to each claimant of solatium, or is it a comprehensive overall solatium maximum applicable only once, no matter how many claimants there are."

The facts relevant to the question are as follows. The parents of Marc Streidel filed in the United States District Court for the District of Maryland a wrongful death action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. ¹ The United States conceded liability for the death of the Streidel's son. ² The District Court (Garbis, J.), determined that each parent should be awarded $500,000 in noneconomic or solatium damages. Judge Garbis, pursuant to Maryland Code (1974, 1989 Repl.Vol.), § 11-108 of the Courts and Judicial Proceedings Article, then reduced the awards to $350,000 for each parent.

The United States appealed to the United States Court of Appeals for the Fourth Circuit on the grounds that the awards to the parents were generally excessive and that the $700,000 total award of solatium damages exceeded the amount allowed under § 11-108 of the Courts and Judicial Proceedings Article. Thereafter, the Court of Appeals for the Fourth Circuit certified to this Court the previously quoted question of law.

The certified question assumes as a threshold matter that the noneconomic damages cap found in § 11-108 applies to a wrongful death action. In response to this threshold issue, the United States argues that the cap does apply to wrongful death actions, relying on the holding of the Court of Special Appeals in Potomac Electric v. Smith, 79 Md.App 591, 558 A.2d 768, cert. denied, 317 Md. 393, 564 A.2d 407 (1989). In its brief in this Court the United States contends that the cap statute is directed toward "damages for personal injury" and that the damages recoverable in a wrongful death action are for the personal injuries to the beneficiaries themselves. It states that the term "personal injury" encompasses more than bodily injury and includes an injury which is "an invasion of personal rights," an injury which arises from "anguish [or] a sense of degradation," or an injury which "aris[es] out of civil rights discrimination." (Reply brief of the United States at 3-4). In addition, the United States argues that the legislative history of the cap statute supports the view that the General Assembly intended that the cap apply to damages recoverable in a wrongful death action. The United States also argues that the cap on noneconomic damages applies to an entire wrongful death action in the aggregate, regardless of the number of beneficiaries.

The plaintiffs contend that the cap on noneconomic damages does not apply to a wrongful death action. Their argument is based upon the language of the statute which expressly states that it controls "any action for damages for personal injury in which a cause of action arises on or after July 1, 1986," and upon the contention that the Wrongful Death Act provides for different damages than those available in a personal injury action. The plaintiffs also argue that in order to apply the cap, a jury would be required to itemize the damages awarded. Because the General Assembly provided for such itemization in personal injury actions, § 11-109 of the Courts and Judicial Proceedings Article, but did not provide for such itemization in wrongful death actions, the plaintiffs assert that the General Assembly did not intend the cap to apply in wrongful death actions. The plaintiffs also argue that if this Court were to decide that the cap applied to wrongful death actions, the cap should be interpreted to impose a limitation upon the recovery of noneconomic damages for each beneficiary in a wrongful death action.

We shall not reach the ultimate question certified by the United States Court of Appeals as we shall hold that the damages cap in § 11-108 of the Courts and Judicial Proceedings Article does not apply to wrongful death actions. ³ In doing so, we overrule the Court of Special Appeals' holding to the contrary in Potomac Electric v. Smith, supra, 79 Md.App. at 619-623, 558 A.2d at 783-785.

By Chapter 639 of the Acts of 1986, the relevant portions of which are codified as §§ 11-108 and 11-109 of the Courts and Judicial Proceedings Article, the General Assembly enacted a statutory cap on damages and a procedure for itemization of awards in certain personal injury actions. ⁴ The text of this enactment reads as follows:

" § 11-108. Personal injury action--Limitation on noneconomic damages.

"(a) Noneconomic damages.--In this section:

"(1) 'Noneconomic damages' means pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury; and

"(2) 'Noneconomic damages' does not include punitive damages.

"(b) Limitation of $350,000 established.--In any action for damages for personal injury in which the cause of action arises on or after July 1, 1986, an award for noneconomic damages may not exceed $350,000.

"(c) Award under § 3-2A-06 included.--An award by the health claims arbitration panel in accordance with § 3-2A-06 of this article shall be considered an award for purposes of this section.

"(d) Jury trials.--(1) In a jury trial, the jury may not be informed of the limitation established under subsection (b) of this section.

"(2) If the jury awards an amount for noneconomic damages that exceeds the limitation established under subsection (b) of this section, the court shall reduce the amount to conform to the limitation.

" § 11-109. Same--Award for damages.

"(a) Economic damages.--(1) In this section 'economic damages' means loss of earnings and medical expenses.

"(2) 'Economic damages' does not include punitive damages.

"(b) Itemized award.--As part of the verdict in any action for damages for personal injury in which the cause of action arises on or after July 1, 1986, the trier of fact shall itemize the award to reflect the monetary amount intended for:

(1) Past medical expenses;

(2) Future medical expenses;

(3) Past loss of earnings;

(4) Future loss of earnings;

(5) Noneconomic damages; and

(6) Other damages.

"(c) Form of award for future economic damages; appointment of conservator.--(1) The court or the health claims arbitration panel may order that all or part of the future economic damages portion of the award be paid in the form of annuities or other appropriate financial instruments, or that it be paid in periodic or other payments consistent with the needs of the plaintiff, funded in full by the defendant or the defendant's insurer and equal when paid to the amount of the future economic damages award.

"(2) In the event that the court or panel shall order that the award for future economic damages be paid in a form other than a lump sum, the court or panel shall order that the defendant or the defendant's insurer provide adequate security for the payment of all future economic damages.

"(3) The court or panel may appoint a conservator under this subsection for the plaintiff, upon such terms as the court or panel may impose, who shall have full and final authority to resolve any dispute between the plaintiff and the defendant or the defendant's insurer regarding the need or cost of expenses for the plaintiff's medical, surgical, custodial, or other care or treatment.

"(d) Death of plaintiff before final payment of award.--If the plaintiff under this section dies before the final periodic payment of an award is made, the unpaid balance of the award for future loss of earnings shall revert to the estate of the plaintiff and the unpaid balance of the award for future medical expenses shall revert to the defendant or to the defendant's insurer if the insurer provided the funds for the future damages award."

In light of the language of the statute and its context, the extensive legislative history, and the practical and unresolved difficulties of applying the cap statute to reduce an award of damages in a wrongful death action, we conclude that the cap statute was not intended to apply to reduce an award for damages in a wrongful death action.

The language of the cap statute refers only to damages awarded in an action for "personal injury," § 11-108(b). The term "personal injury" or "injury" normally connotes a physical injury to a victim. The death of a victim as a result of a "personal injury" or "injury" is, of course, the ultimate injury to that victim. The damages recoverable by the victim's estate in a survival action, for a "personal injury" resulting in death, are,...