Torts
Negligence – physicians and surgeons – the trial court did not err under the stan- dard of Tatum v. Gigliotti when it granted summary judgment in favor of para- medic and police officer in gross negligence and survivorship action based on their decision not to attempt resusci- tation of deceased victim of coronary arrest, even if that decision failed to com- ply with normal treatment protocols. Evidence – the trial court did not abuse its discretion when it found that plaintiff ’s expert witness on the standard of care for paramedics lacked the knowl- edge, skill, experience, and training to testify as to a conclusion of law, namely that paramedic had acted with reckless disregard for the welfare of plaintiff’s decedent. Records – Because its fundamental purpose is to improve department- pro- vided health care services, a fire department’s review of a paramedic’s ac- tions during a medical emergency is confidential under statute protecting records of medical review committees.
Linda McCoy et al. v. Billie Hatmaker et al., No. 2936, September Term, 1999, filed De- cember 26, 2000. Opinion by Thieme, J.
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Battery – Self Defense – Gross Negli- gence – Article 26 of Maryland Declaration of Rights – in action based on excessive force used by police officer, reasonableness of the force must be judged from perspective of reasonable officer on the scene facing the circum- stances presented at the time the force was used; jury not permitted to second- guess reasonableness of antecedent con- duct remote from the confrontation. Civil Procedure - Jury Selection –
Timeliness of Batson Challenge. A Batson Challenge is waived as untimely unless made before the jury is sworn.
Taurance Richardson v. Horace McGriff, No. 142, September Term, 1999, filed No- vember 15, 2000. Opinion by Wilner, J.
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Parent and Child: Negligence: FL §13- 102 (b), which imposes a duty on a financially able parent to support his or her destitute adult child, does not give rise to an independent cause of action in favor of the parent against the tortfeasor who caused the adult child’s injuries.
Spring 2001
Freeburger v. Bichell, et al., No. 2751, 1999 Term, filed December 26, 2000. Opinion by Byrnes, J.
Workers’ Compensation
Contracts – when considering liability for employee’s workers’ compensation benefits between co-employers, the workers’ compensation commission should interpret and apply any contracts or agreements between the co-employ- ers that validly affects their liability for the payment of such benefits to an en- titled worker.
Temporary Staffing, Inc., et al. v. J.J. Haines & Company, Inc., et al., No. 54, Septem- ber Term, 2000, filed January 11, 2001. Opinion by Cathell, J.
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Trial Reporter 53
Petition to reopen to modify an award A petition to Reopen for Worsening of Condition, pursuant to LE section 9- 736 (b), in order to modify an award of compensation, must be filed within five years from the last compensation pay- ment. The modification of an award must be based on a change in disability status, not the claimant’s medical condition or the payment of medical benefits. Medi- cal treatment is not considered “compensation” and thus the receipt of medical benefits does not toll the limita- tions period.
Carl E. Buskirk v. C.J. Langenfelder & Son, Inc., No. 300, September Term 2000, filed January 3, 2001. Opinion by Eyler, J.
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