Stracke v. Estate of ButlerAnnotate this Case
The Court of Appeals reversed the judgment of the court of special appeals reversing the trial court's grant of Petitioners' motion for judgment notwithstanding the verdict (JNOV) on the basis that Petitioners were grossly negligent and their gross negligence caused the ultimate demise of Kerry Butler, Jr., holding that Petitioners were not grossly negligent in their treatment of Butler and were therefore afforded immunity under the Fire and Rescue Company Act, Md. Cts. & Jud. Proc. 5-604(a).
The Estate of Kerry Butler and several of Butler's family members (collectively, Respondents) filed this wrongful death and survival action against Petitioners, two Baltimore City Fire Department medics. A jury found that Petitioners were grossly negligent. The trial court granted Petitioners' motion for JNOV, concluding that the evidence of gross negligence was insufficient. The court of special appeals reversed, concluding that Respondents were grossly negligent and not entitled to immunity under the Act. The Court of Appeals reversed, holding (1) the jury could not have found that Petitioners were grossly negligent by a preponderance of the evidence; and (2) section 5-604(a) unambiguously confers immunity upon municipal fire departments in simple negligence claims.