October 2019 Maryland Certiorari Grants, Part 2

The Maryland Court of Appeals granted one additional certiorari petition from its October 17 conference.

American Radiology Services, LLC, et al. v. Martin Reiss – Case No. 50, September Term, 2019
(Reported COSA Opinion by Judge Arthur)

Issues – Torts – 1) Did CSA err in interpreting and extending Copsey v. Park, 453 Md. 141 (2017), to require a medical malpractice defendant arguing non-party negligence to present standard-of-care expert testimony where the defendant is not asserting non-party negligence as an affirmative defense? 2) Assuming arguendo that it was error for the trial court to submit the question of non-party negligence to the jury, did CSA err in concluding that the error was prejudicial based solely on an initially incorrectly completed juror questionnaire that was promptly corrected?


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