Date: 06-06-2002

Case Style: Joshua Singleton v. Jerry Travers, et al.

Case Number: 00365

Judge: Salmon

Court: Court of Special Appeals for Maryland

Plaintiff's Attorney: Unknown

Defendant's Attorney: Unknown

Description: This appeal involves consolidated cases where both plaintiffs alleged that they suffered personal injuries arising out of a November 18, 1999, automobile accident. The lawsuits each contain a $25,000 ad damnum clause, and both plaintiffs filed a notice of intent to introduce medical records and writings “without the support of a health care provider’s testimony.” That notice was given in compliance with section 10-104(c) of the Courts and Judicial Proceedings Article of the Maryland Code (1998 Repl. Vol. & Supp. 2001) (hereinafter “section 10-104"). Despite compliance with all the prerequisites of section 10-104(c), a judge, sitting in the Circuit Court for Baltimore City, granted summary judgment against both plaintiffs on the grounds that (1) attorneys for the plaintiffs admitted that they did not intend to call an expert witness at trial; (2) considering the type of injuries alleged to have been occasioned by the subject accident, expert testimony was required to prove that the accident caused the plaintiffs’ injuries; and (3) section 10-104 did not allow causation to be established based on opinions expressed in written medical reports introduced pursuant to section 10-104.

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Click the case caption above for the full text of the Court's opinion.

Outcome: Reversed

Plaintiff's Experts: Unavailable

Defendant's Experts: Unavailable

Comments: None