Smith v. Johns Hopkins Community Physicians, Inc.
209 Md. App. 406
| Md. Ct. Spec. App. | 2013Background
- Medical malpractice/wrongful death action filed in Baltimore City Circuit Court on April 18, 2012 by Bernadine I. Smith et al. against Johns Hopkins Community Physicians, Inc.
- Defendant moved June 15, 2012 to transfer the case to Baltimore County on forum non conveniens grounds; Judge Cannon granted the transfer on July 16, 2012.
- Appellants pursue an expedited appeal under Maryland Rule 8-207(b), arguing merits and procedural error.
- The court analyzes forum non conveniens factors: convenience of parties/witnesses and interests of justice, within a framework allocating burden of persuasion to the moving party.
- All treatment and witnesses related to the decedent occurred in Baltimore County; no party resided in Baltimore City; the case has no direct connection to Baltimore City.
- Court affirms the transfer, holding Baltimore County more convenient; costs awarded to appellants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the transfer order was an abuse of discretion | Smith argues merits show misbalance in convenience and justice factors. | Hopkins asserts trial court properly weighed factors and exercised discretion. | No abuse; transfer affirmed. |
| Is the burden of persuasion correctly allocated for forum non conveniens transfers | Moving party must prove that transfer serves the interests of justice. | Burden appropriately rests with moving party; evidence supports transfer. | Burden properly allocated; transfer upheld. |
| What deference is owed to the plaintiff's forum choice in multi-forum scenarios | Plaintiff should receive deference for selecting a forum among multiple proper venues. | Plaintiff's choice receives reduced weight when forum lacks meaningful ties or is outweighed by convenience/justice. | Plaintiff's choice given limited weight; factors favor Baltimore County. |
Key Cases Cited
- Odenton Dev. Co. v. Lamy, 320 Md. 33 (1990) (forum non conveniens discretion broad; hearing not required)
- Cobrand v. Adventist Healthcare, Inc., 149 Md.App. 431 (2003) (policy on weighing convenience; expert witnesses minimal weight)
- Payton-Henderson v. Evans, 180 Md.App. 267 (2008) (affirmative transfer final; denial not immediately appealable; burden explained)
- Murray v. TransCare Maryland, Inc., 203 Md.App. 172 (2012) (public interests: court congestion, jury duty, local interests)
- Stidham v. Morris, 161 Md.App. 562 (2005) (resident plaintiff; deference to forum choice limited; Baltimore County ties)
- Barufaldi v. Ocean City Chamber of Commerce, 196 Md.App. 1 (2010) (illustrates abuse of discretion where no reasoning shown)
- Greater Metropolitan Orthopaedics, P.A. v. Ward, 147 Md.App. 686 (2002) (distinguishes between waiver issues and discretionary rulings; not applicable here)