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HASHMI v. BENNETT

No. 15, September Term, 2010.

7 A.3d 1059 (2010)

416 Md. 707

Shoaib HASHMI v. Troy BENNETT, et al.

Court of Appeals of Maryland.

November 3, 2010.

Attorney(s) appearing for the Case

David J. McManus ( Siobhan R. Keenan of Baxter, Baker, Sidle, Conn & Jones, P.A., Baltimore, MD), on brief, for petitioner.

Julia Arfaa ( Emily C. Malarkey and E. Dale Adkins III of Salsbury, Clements, Bekman, Marder & Adkins, LLC, Baltimore, MD), on brief, for respondents.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, BARBERA and JOHN C. ELDRIDGE (Retired, specially assigned), JJ.

BATTAGLIA, J.

We are asked to consider whether, in a medical malpractice action, a judgment entered after a jury trial against a negligent tort-feasor,1 already reduced by a settlement entered into with a hospital corporation, with an attendant release, may be further diminished by requesting a "judicial determination" of negligence against three employees of the hospital, who were never joined as parties in the action. In so doing, we...

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