DAVIS v. ARMACOST

No. 822, Sept. Term, 2016.

168 A.3d 1112 (2017)

234 Md.App. 71

Reginald J. DAVIS v. Mark ARMACOST.

Court of Special Appeals of Maryland.

September 1, 2017.


Attorney(s) appearing for the Case

Argued by: J. Jonathan Schraub ( Paige L. Smith , adopted the brief/on the brief), McLean, VA, for Appellant.

Argued by: George S. Tolley III ( Alison D. Kohler , Dugan, Babij, Tolley & Kohler, on the brief), Timonium, MD, for Appellee.

Panel: Deborah S. Eyler, Kehoe, Lawrence F. Rodowsky (Senior Judge, Specially Assigned), JJ.


This appeal raises two questions, both fairly well settled in other jurisdictions but apparently matters of first impression in Maryland. The first is whether the trial court in a medical malpractice action was wrong to give jury instructions on negligence framed in terms of the conduct of a reasonable person. The second is whether the...

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