University of Maryland Medical System Corp. v. Kerrigan
174 A.3d 351
| Md. | 2017Background
- Plaintiffs (Brandon Kerrigan and his parents) filed a medical-malpractice suit in Baltimore City against seven defendants, including University of Maryland entities and several physicians; plaintiffs reside in Talbot County.
- Defendants filed a joint motion under Maryland Rule 2-327(c) to transfer the case to Talbot County; after a hearing the Circuit Court for Baltimore City granted the transfer on forum non conveniens grounds.
- The trial judge found convenience and public-interest factors (majority of parties in Talbot County, anticipated witness convenience, jury-burden/caseload data, and local interest in Talbot County hospital) weighed strongly for transfer, while acknowledging deference to plaintiffs’ forum choice.
- The Court of Special Appeals reversed, finding the factors in near equipoise (relying on Scott v. Hawit) and holding the moving parties had not met their burden to show the balance strongly favored transfer.
- The Maryland Court of Appeals granted certiorari to decide whether the trial court abused its discretion and reversed the intermediate court, holding the trial judge did not abuse his discretion in ordering transfer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in transferring venue under Rule 2-327(c) | Kerrigan: moving parties failed to show the balance "strongly" favors transfer; key tortious acts and many witnesses are in Baltimore; trial court misweighed public-interest data | Petitioners: trial court properly weighed convenience and interests of justice, applied Rule 2-327(c) and deference rules, and did not abuse discretion | Court: No abuse of discretion; trial court reasonably found convenience and interests of justice weighed strongly for transfer |
| How much deference to give plaintiff’s choice of forum when plaintiff lives outside chosen forum | Kerrigan: plaintiff’s chosen forum (Baltimore City) should retain deference despite plaintiff residing in Talbot County | Defendants: deference is reduced where plaintiff does not reside in chosen forum; residence and meaningful ties factor into balance | Court: deference exists but is calibrated; less deference when plaintiff is foreign to chosen forum and where forum has no meaningful ties; here reduced deference was appropriate |
| Proper allocation of burden of persuasion on Rule 2-327(c) motion | Kerrigan: moving parties did not meet their burden to show the balance strongly favored transfer | Defendants: they met the required burden; trial court’s factual findings supported transfer | Court: burden rests with moving party to show the balance strongly favors transfer; trial court’s factual findings satisfied that burden here |
| Standard of appellate review for transfer orders | Kerrigan: Court of Special Appeals correctly reversed because transfer was not strongly supported | Petitioners: abuse-of-discretion review applies and trial court decisions deserve wide latitude | Court: abuse-of-discretion standard applies; appellate courts must be reticent to substitute their judgment; here no abuse found |
Key Cases Cited
- Odenton Dev. Co. v. Lamy, 320 Md. 33 (trial court has broad discretion to transfer under Rule 2-327(c))
- Urquhart v. Simmons, 339 Md. 1 (abuse-of-discretion review and deference to trial court on transfers; consideration of plaintiff residence)
- Leung v. Nunes, 354 Md. 217 (plaintiff’s choice of forum generally entitled to deference; diminished deference when plaintiff is not a forum resident)
- Scott v. Hawit, 211 Md. App. 620 (intermediate appellate decision reversing a transfer in a multi-situs medical malpractice case)
- Nodeen v. Sigurdsson, 408 Md. 167 (transfer analysis; importance of trial court reasoning and appropriate venue inquiry)
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (federal forum non conveniens/factors and reduced deference for foreign plaintiffs)
- Johnson v. G.D. Searle & Co., 314 Md. 521 (public- and private-interest factors in transfer analysis)