DRD v. FREED

No. 104, Sept. Term, 2009.

5 A.3d 45 (2010)

416 Md. 46

DRD POOL SERVICE, INC. v. Thomas FREED, et al.

Court of Appeals of Maryland.

September 24, 2010.


Attorney(s) appearing for the Case

Steven R. Migdal (Buck, Migdal & Myers, Chartered of Annapolis, MD), on brief, for Petitioner/Cross-Appellant.

Andrew H. Baida ( Benjamin Rosenberg and Douglas J. Furlong of Rosenberg, Martin, Greenberg, LLP; Gary A. Wais and H. Briggs Bedigian of Law Offices of Wais & Vogelstein of Baltimore, MD), on brief, for Respondent/Cross-Petitioners.

Jennifer S. Lubinski , Funk & Bolton, P.A., Baltimore, MD, for the brief of Amicus Curiae, Maryland Defense Counsel, Inc.

James L. Shea , Mitchell Y. Mirviss , Michael J. De Vinne , Venable LLP, Baltimore, MD, for Amicus Curiae brief of Medical Mutual Liability Insurance Society of Maryland, Inc., the Medical and Chirurgical Faculty of Maryland, Inc., t/a the Maryland State Medical Society, and the American Medical Association.

Mark A. Behrens , Philip S. Goldberg , Cary Silverman , Shook, Hardy & Bacon L.L.P., Washington, D.C., for Maryland Chamber of Commerce, Chamber of Commerce of the United States of America, NFIB Small Business Legal Center, American Tort Reform Association, Maryland Motor Truck Association, American Trucking Associations, American Chemistry Counsel, Property Casualty Insurers Association of America, National Association of Mutual Insurance Companies, and American Insurance Association's Amici Curiae Brief in Support of Defendant/Cross-Appellee.

Cary J. Hansel , Joseph M. Creed , Joseph, Greenwald & Laake, P.A., Greenbelt, MD, for Amicus Curiae brief of the Maryland Association for Justice.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS, and BARBERA, JJ.


GREENE, J.

In this case, we are asked to determine two issues. First, we are asked to decide whether a jury may consider a claim for conscious pain and suffering when there is a reasonable inference of consciousness prior to the decedent's death, but the length of that consciousness and evidence of pain and suffering during the drowning process are based on expert testimony rather than on eyewitness testimony. The petitioner, DRD Pool Service, Inc. ("DRD"), argues...

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