Caps & Immunities
President’s Message
Robert J. Zarbin A
lbert Einstein, using language that I will never understand, came up with the theory of special relativity. What my untrained mind has been made to
understand is that this theory holds that our perception of time depends on how fast we are going. If it seems like the year has gone by in the blink of an eye, assuming Einstein got it right, it’s because we have been moving so fast. Looking back on the year what was, let’s begin with our
most important achievement as an organization, and as a State: the resounding re-election of Martin O’Malley. Having someone a friend of social justice in the Governor’s mansion is difficult to overstate. After four years of playing defense under the apostle of “tort reform” who preceded O’Malley in office, we have seen in the last four years a governor willing to sign into law some of the most important consumer-friendly legislation in a generation: first party bad faith, minimum auto liability limits increased for the first time since the Mandel administration, jury prayer threshold raised to $15,000, and law that saved from dismissal medical malpractice claims that would have been dismissed pursuant to Walzer v. Osborne, 395 Md. 563 (2006). Perhaps the most exciting pending legal issue is the
possibility of Maryland finally abandoning the archaic contributory negligence defense, which robs victims of their remedy by blaming them, ever so slightly. Recently, the Court of Appeals instructed its Rules Committee to look-into whether the Court can use its rulemaking power to adopt comparative negligence. MAJ only last week submitted our position paper explaining how it could do so, constitutionally. Many thanks to Jim MacAlister and Te Honorable Ron Jarashow for their research and writing efforts. Also on the judicial front, the Court of Appeals recently
granted certiorari on MAJ Board Member Bruce Bender’s case, where a trial court held that one can assume the risk of an unknown risk. As bizarre as it may sound, the Court of Special Appeals recently ruled that a pedestrian who slips on “black ice,” ice that was invisible because it blended with the pavement, nevertheless assumes the risk of slipping on ice as a matter of law – if the conditions exist that might – or might not – cause ice to form. Our hope is the Court of Appeals will remind the lower courts that a “conscious” assumption of risk means just “what that name says,” conscious knowledge of the hazard.
Looking inward, we are stronger than ever. Our
membership, revenues and sponsorship are on the rise. At our seminars, members and non-members alike are exposed to some of the best and brightest members of trial bar, not to mention a number of esteemed members of the judiciary. If you attended one of these seminars, you came away with a wealth of practical knowledge. If you missed them, many were recorded, so it is not too late to see them. Many thanks to the presenters who volunteered their time, and a special thanks the judges who gave us valuable insight into what they see – or like to see – from the bench. Last but not least, many thanks to our sponsors whose loyalty and generosity are make these seminars possible. Please do not forget these fine men and women when you are choosing an expert or need the extraordinary services they provide. While we are on the topic of CLE, the MAJ is actively
working with the Court of Appeals to set up a mentoring program, in lieu of mandatory CLE. It is our strong conviction that trial lawyers are forged by working with a respected member of the profession, where skills are learned that defy classroom learning. Ours is a profession, bear in mind, not an assembly line. You get good results by mastering the “art” of advocacy. And nobody ever became an artist by logging a given number of hours in a classroom. All of these accomplishments did not happen by accident.
Nor did they happen solely because I happened to be President. Rather, our organization has advanced and prospered because of the tireless efforts of our staff, headed by David Walls, our Executive Director. Working with him are Ashley Hodak, Jenna Kellam, Michele Linck and Crista Hakala. Te reason things seem to operate so smoothly, seamlessly, is because these fine folks make sure you never see the zippers. Believe me, in an organization as large as ours, they are there.
Trial Reporter / Spring 2011 3
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