Opinion

DRD Pool Service, Inc. v. Freed

  • 416 Md. 46
  • 5 A.3d 45
  • 2010 Md. LEXIS 530
Court
Court of Appeals of Maryland
Filed
Sep 24, 2010
Status
Published
Author
Murphy
On the bench
Greene, Murphy
Cited by
37 cases
Authority
More cited than 10.8%

holding that Murphy v. Edmonds, 325 Md. 342, 601 A.2d 102 (1992) “expressly rejected [the] constitutional argument!]” that the Cap "infringes upon [the] right to a jury trial ... and we reaffirm that decision today”

How later courts described this case

  • holding that Murphy v. Edmonds, 325 Md. 342, 601 A.2d 102 (1992) “expressly rejected [the] constitutional argument!]” that the Cap "infringes upon [the] right to a jury trial ... and we reaffirm that decision today”
  • describing stare decisis as meaning “to stand by the thing decided,” and that it is “the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process”
  • holding that the cap "does not create a classification between affected parties, and certainly not a classification subject to heightened scrutiny"

Written by the judges who cited it.

The opinion

MURPHY, J.,

concurring and dissenting.

I agree that the Respondents’ evidence was sufficient to support a finding that the deceased suffered conscious pain and suffering. I dissent, however, from the majority’s refusal to require that the Cap be subjected to a “heightened scrutiny” analysis. For the reasons stated by Judge Chasanow in Murphy v. Edmonds, 325 Md. 342, 378-85 , 601 A.2d 102, 120-123 (1992) (Chasanow, J., dissenting), I would vacate the judgment of the Court of Special Appeals and direct that the Circuit Court conduct further proceedings at which it shall apply the heightened scrutiny test to determine whether the Cap violates the equal protection guarantee embodied in Article 24 of the Maryland Declaration of Rights.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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