Scott v. Hawit
211 Md. App. 620
| Md. Ct. Spec. App. | 2013Background
- Plaintiffs filed a medical malpractice action in Baltimore City against two independent physicians/healthcare providers, with Hopkins in Baltimore City and Dr. Hawit in Calvert County.
- Charlie Scott, born June 3, 2001 in Calvert County, allegedly sustained kernicterus from elevated bilirubin and misdiagnoses after birth.
- The circuit court transferred the case to Calvert County under Rule 2-327(c) on motions by Dr. Hawit and Hopkins, citing convenience and justice.
- Baltimore City was a proper venue, but Hopkins and Hawit are linked to different geographic centers and different periods of care (Hopkins in Baltimore City; Hawit in Calvert County).
- The hearing relied on the complaint and counsel representations; no live evidence was taken, and Hopkins volunteered to produce certain witnesses in Calvert County.
- On appeal, the court reverses the transfer, holding that the balance did not weigh strongly in favor of Calvert County and that Hopkins’ waiver of convenience improperly influenced the decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the transfer under Rule 2-327(c) was proper | Plaintiffs argue balance did not strongly favor Calvert County. | Hawit/Hopkins contend Calvert County is more convenient and just. | Transfer reversed; balance not strongly in favor of Calvert. |
| How to weigh plaintiff's forum choice with two independent defendants | Plaintiffs’ forum should be Baltimore City given ties to Hopkins and harms incurred there. | Two independent tortfeasors create mixed convenience requiring weighing each nexus. | Factors weighed near equipoise; plaintiffs' forum choice not outweighed strongly. |
| Impact of Hopkins' agreement to appear in Calvert on the balance | No waivers should skew convenience analysis toward Calvert. | Hopkins’ agreement to present witnesses in Calvert supports transfer. | Hopkins' waiver improperly tilted the balance; remains an abuse of discretion. |
| Role of public interest and court congestion in this two-defendant case | Public interest does not decisively favor Calvert; Baltimore City has substantial burden and interest. | Calvert County has lower congestion with feasible witness handling. | Public interest factors do not compel transfer; balance remains near equitable. |
| Situs of torts and proper venue when multiple defendants and jurisdictions | Situs split between Baltimore City (Hopkins) and Calvert County (Hawit) supports Baltimore City as proper forum. | Multiple venues exist; Calvert County appropriate for Hawit's conduct. | Baltimore City remains proper venue; transfer not justified. |
Key Cases Cited
- Nodeen v. Sigurdsson, 408 Md. 167 (2009) (burden and balancing test for 2-327 transfers; weight toward plaintiff’s forum)
- Leung v. Nunes, 354 Md. 217 (1999) (plaintiff's forum choice given substantial weight; transfer only when balance strongly favors defendant)
- Odenton Development v. Lamy, 320 Md. 33 (1990) (early articulation of balance approach under 2-327)
- Urquhart v. Simmons, 339 Md. 1 (1995) (plaintiff's forum choice weight; transfer only if balance strongly favors moving party)
- Cobrand v. Adventist Healthcare, Inc., 149 Md.App. 431 (2003) (multi-defendant context; transfer analysis in medical settings)
- Smith v. Johns Hopkins Cmty. Physicians, Inc., 209 Md.App. 406 (2013) (case discussing transfer between Maryland counties with defendant principal offices)
- Murray v. TransCare Md., Inc., 203 Md.App. 172 (2012) (affirming transfer where residence and tort situs align with transfer)
- Nace v. Miller, 201 Md.App. 54 (2011) (affirming transfer involving a guardian/priority forum)
- Slidham v. Morris, 161 Md.App. 562 (2005) (affirming transfer in multi-party tort contexts)
- Payton-Henderson v. Evans, 180 Md.App. 267 (2008) (forum non conveniens considerations in venue selection)
- Smith v. State Farm Mut. Auto. Ins. Co., 169 Md.App. 286 (2006) (uninsured/underinsured claim transfer considerations)
- Brewster v. Woodhaven Bldg. & Dev. Inc., 360 Md. 602 (2000) (final judgment effect of forum transfer)