President’s Message
Robert J. Zarbin W
ill Rodgers once said, "We all want the best man to win the election. Unfortunately, he never runs."
Starting at the top of the ticket, this election cycle, at
least in Maryland, proved Rodgers wrong. On Election Day, Marylanders chose, resoundingly, to
move forward by re-electing Martin J. O'Malley. So too, other friends of the civil justice system were also returned to office, including Senate President Tomas V. "Mike" Miller and House Speaker Michael E. Busch. And let us not forget to mention the victories of Committee Chairs Senators Brian E. Frosh and Tomas M. "Mac" Middleton and Delegates Joseph F. Vallario, Jr. and Dereck E. Davis. Tese gentlemen chair the Judicial Proceedings Committee, Finance Committee, Judiciary Committee and Economic Committees respectfully. One and all, thank you for proving that standing up
for the rights of consumers, in the face of well-financed opposition from corporate America, is a winning proposition. Borrowing the Governor's slogan, we too are moving
forward to right one of the greatest miscarriages of justice: contributory negligence. How many accident victims have gone without relief just because they were a hair's breadth at fault? How many wrongdoers have gotten off scot-free by blaming the victim, ever so slightly? Over the years, efforts have been made at both ends
of Rowe Boulevard, the Court of Appeals and the General Assembly, to shift Maryland to comparative negligence - thereby joining the 47 other states that have done so. Te Court of Appeals has said this doctrine is such a well entrenched facet of Maryland law that its repeal must come from the General Assembly. A little known fact, though, is that it was the Court of
Appeals, and not the Legislature, that gave us contributory negligence. And its adoption is not something dating back to colonial days, but to just a baker's dozen years before Lincoln's election. Irwin v. Sprigg, 6 Gill 200 (1847). Reminded of this fact, the Chief Judge of that Court
recently called upon the Rules Committee to look into how Maryland could go about adopting comparative negligence, and report back to the Court. Chief Judge Robert M. Bell
expressly invited MAJ to participate in this process. Rest assured, our voice will be heard. Regarding other news, I would be remiss not to
recognize the recent outstanding Auto Negligence and Workers' Compensation CLE programs recently hosted by our Education & Programs Committee. Good seminars do not happen by themselves, so hats off to the Committee Chairmen, Eric N. Schloss and John J. Cord; Section Chairs Andrew H. Kahn, Robert G. Samet, James A. Lanier, and John B. Bratt; and MAJ Staff. Special thanks to our guest speakers, especially the Commissioners and Judges, who graciously donated their time to teach us how to become better trial lawyers. Lastly, the nearing of the New Year means active
consideration of our legislative agenda. With Wayne M. Willoughby chairing the Legislative Committee, we hope for a successful and fruitful session. Not only will we do well on offense, but we will continue to play defense against the seemingly endless efforts by well-funded corporate tort reformers, who want to change the law in order to protect themselves from the people they injure. Every year is a hard fought struggle and you should never forget the handful of dedicated men and women who donate their time to testify in Annapolis either for or against a bill. While we are on the topic of legislative efforts, each
one of you is represented by elected officials - answerable to you. Holding politicians accountable does not end when the vote totals are tallied. Rather, accountability is a process that continues throughout the politician’s term of office as you tell your elected officials what you want them to do for you and for your clients, whose only hope of justice lies in the hands of the judges and juries of this state. Terefore, I ask of all of you to please join us in Annapolis for MAJ’s Annual Justice
Trial Reporter / Winter 2011 3
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