Coleman v. Soccer Ass'n
432 Md. 679
Md.2013Background
- Coleman, a 20-year-old volunteer soccer coach, injured when an unanchored goal toppled on him during practice at Lime Kiln Middle School.
- Coleman sued the Soccer Association of Columbia (SAC) for negligence; SAC asserted contributory negligence as a defense.
- Jury found SAC negligent and Coleman contributorily negligent, resulting in zero recovery for Coleman.
- Harrison v. Mont. Cnty. Bd. of Educ. (1983) held contributory negligence remains current law, with legislative change; court declined to abrogate.
- Maryland subsequently retained contributory negligence, noting repeated legislative inaction on adopting comparative fault; this case petitions to abandon contributory negligence.
- Court affirms judgment, declining to abolish contributory negligence and clarifies the form of potential future reform would be legislative rather than judicial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court should abrogate contributory negligence. | Coleman urges abrogation in favor of comparative fault. | SAC and amici argue for legislative action or continued stare decisis. | Court declines to abrogate contributory negligence. |
| If abrogation were considered, what form of comparative fault should Maryland adopt? | Pure or modified comparative fault would be preferable in fairness. | Legislative action should decide the form; concerns about collateral doctrines. | Court does not adopt a form here; problem treated as future legislative question. |
Key Cases Cited
- Harrison v. Montgomery Cnty. Bd. of Educ., 295 Md. 442 (1983) (retains contributory negligence; public policy for legislative change)
- Bozman v. Bozman, 376 Md. 461 (2003) (abrogated interspousal immunity; judicial modification of common law warranted)
- Boblitz v. Boblitz, 296 Md. 242 (1983) (abrogation of interspousal immunity; caution against stare decisis limits)
- Kelley v. R.G. Indus., Inc., 304 Md. 124 (1985) (common law dynamic; court may modify under modern conditions)
- Ireland v. State, 310 Md. 328 (1987) (public policy; change in common law aligned with state policy)
- Felder v. Butler, 292 Md. 174 (1981) (public policy to revise common law by legislative action)