bile-negligence cases, attorneys should attempt to minimize these expenditures, where practicable.


Use the Internet for Trial Exhibits


When preparing for trial, it is often


necessary to present evidence of the scene of the accident. Rather than hiring an investigator or aerial photographer, consider using Google Earth and Google Maps to provide you with satellite im- ages of the scene of the accident. The images are admissible so long as your client testifies that they are “fair and accurate” depictions of the scene of the accident. For demonstrative medical exhibits,


rather than spending the money for a professional demonstrative exhibit, consider doing a Google Image search for the part of the body you want to display. Thousands of images are avail- able, and when used in conjunction with a courtroom projector, these can be powerful and effective exhibits.


Admissions In Circuit Court cases, consider using Go through your


Requests for Admissions for as much of your case as possible.6


elements of proof: duty, breach, causa- tion and damages. Then list each and every specific fact that is not contestable and request that your opponent admit these facts. For example, Requests for Admissions can often be used to estab- lish the “fairness and reasonableness” of medical bills. For each document that you want to admit into evidence, consid- er having your opposition admit: 1.) the genuineness of the document; 2.) that it is a true and accurate copy of an original; 3.) that the document was prepared at or near the time of the occurrence, and/ or; 4.) that the signature on the docu- ment is genuine. Such admissions will serve to economize your presentation, strengthen your case at trial, and perhaps provide enough ammunition to force a stipulation on liability. Remember that when a party fails to


34


admit to the allegation presented or to the genuineness of any document under Rule 2-424(e), and the party requesting the admissions later proves the genuine- ness of the document or allegation, the requesting party may move for an order requiring reasonable expenses incurred in making the proof, including attorney’s fees. Filing a post-trial motion pursu- ant to Rule 2-424 (e) will allow you to recover some of the costs associated with proving your case.


Stipulations on Liability and Motions for Summary Judgment


Consider whether you can rely on


well-crafted discovery and Maryland case law to force a stipulation on the issue of liability. If you cannot obtain a stipulation, consider filing a Motion for Summary Judgment in appropriate cases. Maryland case law that discusses common factual scenarios where a Summary Judgment Motion may be appropriate are: rear-end collisions,7


6


Rule 2-424 provides, in relevant part, that “A party may serve one or more written requests to any other party for the admission of (1) the genuineness of any relevant documents or elec- tronically stored information described in or exhibited with the request… (d) Effect of Admission. Any matter admitted under this Rule is conclusively established unless the Court on motion permits withdrawal or amendment… (e) Expenses of Failure to Admit. If a party fails to admit the genuineness of any document, or the truth of any matter as requested under this Rule, and if the party requesting the admis- sions later proves the genuineness of the document or the truth of the matter, the party may move for an order requiring the other party to pay the reasonable expenses incurred in making the proof, including reasonable attorney’s fees. The Court shall enter the order unless it finds that (1) an objection to the request was sustained pursuant to Section (c) of this Rule, or (2) the admission sought was of no substantial importance, or (3) the party failing to admit had rea- sonable ground to expect to prevail on the matter, or (4) there was other good reason for the failure to admit.”


Trial Reporter


crashes involving sudden stops,8 turn cases,9


left- and boulevard-rule cases.10


These cases should be cited by plaintiff ’s counsel when seeking a liability stipula- tion. If a stipulation cannot be obtained, these same cases can be used at trial to argue for presumptions of negligence on the part of the Defendant.


Obtaining Medical Records and Bills


Another expensive aspect of litigation


involves obtaining the client’s medical records and bills. With regard to medical bills, many providers will charge our law firms a fee of $15-$30 if we request a copy of our client’s bill. However, if the client calls and requests a copy of the bill, there typically will not be a charge. Therefore, have your client request copies of their bills from the provider before incurring this charge. Also, make sure that your client knows to send you copies of any bills that they receive in the mail.


7


See Andrade v. Housein, 147 Md. App. 617, 810 A.2d 494 (2002) held, “A true eviden- tiary presumption of negligence arises where a motor vehicle is lawfully stopped on a highway awaiting for traffic to clear before entering an intersecting highway and that vehicle is suddenly struck from behind by another vehicle, resulting in personal injuries and property damage to the driver and the front vehicle.” Andrade, 147 Md. App. at 623.


8


See Clark v. Junkins, 245 Md. 104, 225 A.2d 275 (1967): “The general rule in Maryland is that where motor vehicles are traveling in the same direction there exist duties incumbent upon both drivers. The driver to the rear has a duty to exercise reasonable and ordinary care to avoid injury to the vehicle in front of him.” Clark, at 106.


9


See Myers v. Bright, 327 Md. 395, 609 A.2d 1182 (1992), which states that “where permitted, left turns should be made cau- tiously, in the exercise of due care, and the responsibility for seeing that the turn can be made in safety is placed on the motorist desiring to make the turn, without regard to which vehicle enters the intersection first. A driver attempting a left turn must keep a proper lookout for other vehicles in, or approaching, the intersection.” Myers, 327 Md. at 401.


10


See Dennard v. Green, 95 Md. App. 652, 622 A.2d 797 (1993); Dean v. Redmiles, 280 Md. 137, 374 A.2d 329 (1977).


Summer 2008


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