Maryland Certiorari Grants, May 2014

The Court of Appeals website reflects that the Court has granted merits review in two cases. Not listed below are six cases for which the website does not reflect the questions presented. The fact that all six have been assigned September 2013 Term docket numbers, combined with the lack of a question presented, suggests that the Court is taking summary action on those six cases or consolidating them with a case pending this term.

Alan Sternstein previously posted on this blog regarding the Court of Special Appeals decision in one of the two cases, Espina. The questions presented in the two new certiorari grants to be argued next term are:

Estela Espina, et al. v. Steven Jackson, et al. – Case No. 35, September Term, 2014

Issues – Constitutional Law – 1) Can the General Assembly contravene or restrict by statute self-executing rights in the state constitution? 2) Does the Local Government Tort Claims Act (LGTCA) encompass and serve to cap self-executing constitutional rights? 3) With 96.5% of the verdict stripped from the petitioners, is the application of the LGTCA damages cap to the facts here unconstitutional under Art. 19? 4) Did CSA err in applying the LGTCA cap to the constitutional deprivations here after the jury found malice and the County stipulated to scope of employment? 5) Did CSA err in holding that all wrongful death claims are reduced to one claim?

David Payne, et ux. v. Erie Insurance Exchange, et al. – Case No. 38, September Term, 2014

Issue – Insurance Law – Under Maryland Indemnity Insurance Co. v. Kornke, et al., 21 Md.App. 178, 319 A.2d 603 (1974) and its progeny, did the trial court err in holding that Erie was not required to provide coverage to a second permittee using an insured’s car within the named insured’s original grant of permissive use?


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