Armacost v. DavisAnnotate this Case
In this medical malpractice case, the Court of Appeals reversed the judgment of the Court of Special Appeals reversing the circuit court’s judgment in favor of Plaintiff, holding that the trial court’s instructions did not mislead the jury as to the applicable law and were not an abuse of discretion.
Plaintiff brought this action against Defendant, a neurosurgeon who had performed surgery on Plaintiff. After a jury trial, the circuit court entered judgment in favor of Plaintiff, concluding that Defendant had been negligent. On appeal, Defendant challenged to sets of instructions given during trial. The Court of Appeals reversed, holding that the trial court abused its discretion in including pattern jury instructions on general negligence and foreseeability in its initial charge to the jury and in coupling that instruction with the information that jury deliberations would continue for just one more hour. The Supreme Court reversed, holding (1) the trial court’s instructions did not mislead the jury as to the applicable law; and (2) the trial court did not abuse its discretion in advising the jury how long it would be required to continue its deliberations.