Cooper v. Sacco

CATHELL, Judge. Sophia Cooper, petitioner, seeks review of an order of the Circuit Court for Baltimore County affirming, on the record, a judgment for respondents Gregory Vlachos and Robert Sacco in the District Court of Maryland. At trial, after petitioner, the plaintiff before the District Court, closed her case-in-chief, respondents moved for judgment, alleging that petitioner failed to prove that either of the respondents drove or owned the motor vehicle involved in the alleged accident. Petitioner requested that the trial judge reopen the case and allow her to read a portion of respondents’ answers to interrogatories into the record in order to prove the identity of the driver and owner of the vehicle. 1 The trial judge refused and entered judgment for respondents.

Petitioner presented two issues to this Court in her Petition for Writ of Certiorari: [I.] Did the trial judge abuse his discretion in refusing to allow the [petitioner to reopen her case? [II.] Was [p]etitioner required to present evidence of ownership of the Respondent’s motor vehicle, or identify the driver, when Respondents did not demand specific proof of those issues . .. ? In our order granting the petition, we added a third question: “Was Maryland Rule 3-308 satisfied by the Respondents’ Notice of Intention to Defend which contained a demand for strict proof of Petitioner’s claim?” Because we answer the ⁶²⁶ first question in the affirmative and the second and third questions in the negative, we reverse and remand this case for a new trial. I. Background While driving home from work on May 29, 1996, petitioner attempted to make a left-hand turn from Eastern Avenue onto Marlyn Avenue to reach a gas station. As she waited for traffic to pass before turning, petitioner was struck from behind by a car allegedly driven by respondent Sacco and owned by respondent Ylachos, who was a passenger.

Asserting that the impact of this collision caused her neck injuries and migraine headaches, petitioner filed suit in the District Court seeking $20,000 in damages. In her complaint, petitioner specifically alleged that “[t]he vehicle driven by [respondent] Sacco was owned by [respondent] Vlachos, and [respondent] Sacco was operating the vehicle as the agent, servant and/or employee of [respondent] Ylachos, or, in the alternative, with the latter’s permission.” Respondents filed a Notice of Intention to Defend as required by Maryland Rule 3-307. They did not file the standard form notice supplied by the District Court with the Writ of Summons; instead, counsel for respondents drafted her own notice, in pleading form, which stated that respondents “demand[ed] strict proof from [petitioner] of her claim.” No demand was made specifically for petitioner to prove ownership of the vehicle. At trial, petitioner’s case-in-chief consisted solely of her testimony, during which she described the accident and her alleged injuries, but never specifically identified either respondent as a negligent party.

As noted, supra, respondents moved for judgment upon conclusion of petitioner’s case, arguing that she had not proved who caused the accident or owned the vehicle. The following exchange occurred: [Defense Counsel]: Your Honor, I’m going to make a motion and I’m going to specifically request judgment based on the fact that the Plaintiff has not identified any individual in this courtroom as being the person who may have caused ⁶²⁷ any injury to his client and on the rest of the issues I’ll submit. COURT: Do you wish to be heard as to that point? [Plaintiffs Counsel]: If necessary, Your Honor, I’d request that we reopen the case. I have the Defendant’s Answers to Interrogatories and I can read from them into evidence.

I’ve never had this come up as a dispute before. There was no genuine dispute prior to trial that this was the driver. That’s the only reason why I didn’t bother to do that. I mean if I thought it was going to be an issue I would have certainly presented it.

COURT: Well, Counselor, proving your case is always an issue.... The proof of your case is to identify the parties that are responsible. Whether you thought or have ever had to do that in the past is of little or no consequence here and your case rises and falls based upon the evidence which has been presented thus far. I would certainly anticipate that Counsel would ... vehemently object to your reopening your case since you have closed it ... and she has raised the argument that you have not identified any of the parties as being the parties who are responsible.

And I’m going to grant her motion. Judgment is denied. Petitioner appealed the ruling of the District Court to the Circuit Court for Baltimore County. That court affirmed, holding that petitioner had not preserved the issue of whether respondents were required to demand specifically that petitioner prove ownership rather than making a general demand for strict proof.

The court also held that the decision of the District Court not to reopen the case was “within its sound discretion and will not be grounds for appeal.” Petitioner sought a writ of certiorari from this Court, which we granted.

II

Discussion A. Demand for Proof Maryland Rule 3-307 requires defendants in the District Court to file a notice of intention to defend within fifteen days of receiving service of the complaint: ⁶²⁸ Rule 3-307. Notice of Intention to Defend. (a) To be filed with court — Service not required. The defendant, including a counter-defendant, cross-defendant, and third-party defendant, shall file with the court a notice of intention to defend which may include any explanation or ground of defense.

The defendant need not serve the notice on any party. (b) Time for filing. The notice shall be filed within 15 days after service of the complaint, counterclaim, cross-claim, or third-party claim, except if service is made outside this State or upon a statutory agent for a defendant, the notice shall be filed within 60 days after service. Maryland Rule 3-308 requires the defendant to make a “specific demand” that certain issues be proven by the plaintiff or they are admitted: Rule 3-308.

Demand for proof. When the defendant desires to raise an issue as to (1) the legal existence of a party, including a partnership or a corporation, (2) the capacity of a party to sue or be sued, (3) the authority of a party to sue or be sued in a representative capacity, (4) the averment of the execution of a written instrument, or (5) the averment of the ownership of a motor vehicle, the defendant shall do so by specific demand for proof. The demand may be made at any time before the trial is concluded. If not raised by specific demand for proof, these matters are admitted for the purpose of the pending action.

Upon motion of a party upon whom a specific demand for proof is made, the court may continue the trial for a reasonable time to enable the party to obtain the demanded proof. The second question presented by petitioner hinges on whether compliance with Rule 3-308 requires defendants in the District Court to specify which of the five issues listed, or any combination thereof, they request that a plaintiff prove at trial. Respondents suggest that a broad demand for “strict proof,” such as the one they filed in the case sub judice, satisfies the rule. Petitioner argues that such a demand does ⁶²⁹ not satisfy the edicts of Rule 3-308.

We hold that a broad demand for “strict proof’ does not suffice and that, to demand that a plaintiff prove any of the five issues listed in Rule 3-308, defendants must state specifically which issues they wish the plaintiff to prove at trial. Otherwise, the issue or issues for which proof is not sought are admitted. The rationale behind this holding is the separate and distinct origins of the issues listed in Rule 3-308 and the similarity of Rule 3-308 to Rule 2-323(f), its companion rule in the circuit courts, which requires greater detail in pleading these five issues. We begin this analysis by noting the general tenets of statutory construction, which apply to the drafting of the Maryland Rules as well.

See State v. Bell, 351 Md. 709, 717 , 720 A.2d 311, 315 (1998); State v. Harrell, 348 Md. 69, 79 , 702 A.2d 723, 728 (1997); In re Victor B., 336 Md. 85, 94 , 646 A.2d 1012, 1016 (1994). We have repeatedly stated that “[t]he cardinal rule of statutory construction is to ascertain and carry out the true intention of the legislature.” Condon v. State, 332 Md. 481, 491 , 632 A.2d 753 [, 757] (1993). To discern the legislative intent, we must consider the “general purpose, aim, or policy behind the statute.” Id. While great weight is given to the plain meaning of the statute’s language, Tucker v. Fireman’s Fund Ins.

Co., 308 Md. 69, 73 , 517 A.2d 730 [, 731-32] (1986), we examine this language in the context in which it was adopted. Motor Vehicle Admin. v. Mohler, 318 Md. 219, 225 , 567 A.2d 929 [, 932] (1990). In this light, “[i]t is often necessary to look at the development of a statute to discern legislative intent that may not be as clear upon initial examination of the current language of the statute.” Condon, supra, 332 Md. at 492 , 632 A.2d [at 758] (citing Mohler, supra, 318 Md. at 225-27 , 567 A.2d 929 ). C.S. v. Prince George’s County Dep’t of Soc.

Servs., 343 Md. 14, 24 , 680 A.2d 470, 475 (1996) (some alterations in original). We have also said that statutes and rules “relating to the same subject matter or sharing a common purpose should be read together.” Farris v. State, 351 Md. 24, 29 , 716 A.2d 237, 240 (1998) (citing Gargliano v. State, 334 Md. 428, 436 , 639 A.2d ⁶³⁰ 675, 679 (1994)); see also Gardner v. State, 344 Md. 642, 649 , 689 A.2d 610, 613 (1997). Maryland Rule 2 — 323(f), applicable to the circuit courts, is quite similar in function to Rule 3-308. Instead of a “demand for proof,” Rule 2 — 323(f) requires a “negative averment” to the same five issues contained in Rule 3-308, including ownership of a motor vehicle, which are called “negative defenses” in the circuit courts.

The procedure, however, is generally the same: the defendant must specifically plead each negative defense, or the matter is admitted. Of note, Rule 2-323(f) requires that each negative defense pleaded be supported by any particulars within the pleader’s knowledge: (f) Negative defenses. Whether proceeding under section (c) or section (d) of this Rule, when a party desires to raise an issue as to (1) the legal existence of a party, including a partnership or a corporation, (2) the capacity of a party to sue or be sued, (3) the authority of a party to sue or be sued in a representative capacity, (4) the averment of the execution of a written instrument, or (5) the averment of the ownership of a motor vehicle, the party shall do so by negative averment, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge. If not raised by negative averment, these matters are admitted for the purpose of the pending action.

Notwithstanding an admission under this section, the court may require proof of any of these matters upon such terms and conditions ... as the court deems proper. [Emphasis added.] The purpose for requiring such particulars is to put the plaintiff on notice of the factual basis for each negative defense. Rule 3-308 does not require “supporting particulars,” most likely because of the desire to keep pleading in the District Court simple and speedy. The concept of noticé still applies in the District Court, however, and to Rule 3-308. At a minimum, a District Court defendant is required to put the ⁶³¹ plaintiff on notice as to which of the five issues in Rule 3-308 the defendant requires the plaintiff to prove at trial.

Our holding is also supported by the individual origin of these five issues before their consolidation in Rule 3-308. Rule 3-308 was derived mostly from Maryland District Rule 302 a (1977) (“Notice of Intention to Defend”), which stated, in relevant part: The defendant, including a third-party defendant, shall file with the court a notice of intention to defend and demand for proof. However, whenever the partnership of any parties, the incorporation of any alleged corporation, the representative character of any party, the execution of any written instrument^] the original or a copy of which is filed in the action, or the ownership of a motor vehicle is alleged in the pleadings in any action, the fact is admitted insofar as that action is concerned, unless the opposite party demands strict proof thereof before any hearing of the action shall be concluded. District Rule 302 a did not contain the requirement, now in Maryland Rule 3-308(2), that the defendant must demand proof of “the capacity of a party to sue or be sued.” Although the annotations to Rule 3-308 do not indicate any source, it appears that the capacity language was derived from Federal Rule of Civil Procedure 9(a), which reads, in relevant part: Rule 9.

Pleading Special Matters (a) Capacity. ... When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the party desiring to raise the issue shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge. Cf. Md. Rule 2-323(f) annot.

(noting that part of the circuit court rule, presumably the negative defense pertaining to capacity, was derived from Fed.R.Civ.P. 9(a)). Moving further back in time, District Rule 302 a, as originally drafted in 1972, consisted of only its first sentence, which ⁶³² vaguely required that the defendant file a “demand for proof,” along with the notice of intention to defend. The language that listed the issues for which the defendant must demand strict proof was added in 1973. See Minutes of the Court of Appeals Standing Committee on Rules of Practice and Procedure 1-2 (May 17-18, 1973).

The May 17-18 minutes of the Rules Committee and the annotations to District Rule 302 do not indicate the source of the language added in 1973. The language appears to have come mostly from Maryland Rule 311 a (1971) (“Admission by Failure to Deny”), which stated: 2 Whenever the partnership of any parties, the incorporation of any alleged corporation, the execution of any written instrument, the original or a copy of which is filed in the action, or the ownership of a motor vehicle is alleged in the pleadings in any action, such fact shall be deemed to be admitted insofar as such action is concerned, unless it shall be denied by the next succeeding pleading of the opposite party to the merits. Rule 311 a, however, did not contain the “representative character of a party” language added to District Rule 302 a (which is now “(3) the authority of a party to sue or be sued in a representative capacity” in Maryland Rule 3-308). That language apparently came from Maryland Rule 323 a (1971) (“Motion Raising Preliminary Objection”), which stated that “[t]he following defenses may at the option of the pleader be made by motion: ...

(6) lack of legal capacity to sue on part of plaintiff[.]” Cf. Md. Rule 2-323(f) annot. (noting that part of the circuit court rule, presumably the negative defense to representative capacity, was derived from Maryland Rule 323 a). The original source of the other issues in Maryland Rule 311 a, the existence of a business entity, the execution of a written contract, and ownership of a motor vehicle, was Maryland Code (1951), Article 75, section 28(108)-(109) (“Forms of ⁶³³ Pleadings”).

Section 28(108)-(109) required that these issues be “denied” by the defendant, or else they were admitted at trial. Paragraph 108 required the denial of the existence of any partnership or corporation, and the denial of the execution of any written instrument: Whenever the partnership of any parties, or the incorporation of any alleged corporation, or the execution of any written instrument filed in the case is alleged in the pleadings in any action or matter at law, the same shall be taken as admitted for the purpose of said action or matter, unless the same shall be denied by the next succeeding pleading of the opposite party or parties. The requirement to deny the ownership of a motor vehicle was contained separately in paragraph 109: Whenever the ownership of any motor vehicle is alleged in the pleadings in any action or matter at law, the same shall be admitted for the purpose of said action or matter, unless the ownership shall be denied by the next succeeding pleading of the opposite party or parties. This detailed history of the various sources of the issues listed in Rule 3-308 (and Rule 2 — 323(f)) indicates their originally separate and distinct function.

The codification of these various issues in separate statutes and court rules presumably required separate procedures and filings. A defendant had to “demand proof’ of, “deny,” or raise a “preliminary objection” to specific matters in order to make it necessary for the plaintiff to prove them. Their codification under one procedural rule today merely indicates that “demand for proof’ of all of these issues, or any combination of them, may be done at one time and in one document; it does not indicate that a defendant no longer needs to specify which of these five completely different issues he or she wishes a plaintiff to prove. In other words, the simplification worked by Rule 3-308 has been to reduce the number and complexity of filings for defendants in the District Court, not to eliminate the requirement that they put the plaintiff on notice of their specific demands. ⁶³⁴ A number of this Court’s opinions interpreting section 28(108) and (109) further reflect our understanding that request for proof of each individual issue must be pleaded specifically or the matter or matters are admitted.

In Fifer v. Clearfield & Cambria Coal & Coke Co., 103 Md. 1, 3 , 62 A. 1122, 1122-23 (1906), for instance, we discussed the effect of paragraph 108, saying: The words “the same shall be taken as admitted for the purpose of said action or matter,” refer to the allegations of “partnership of any parties, & c., the incorporation of any alleged corporation,” and “the execution of any written instrument” alleged in the pleadings. The failure to deny any of these in the next succeeding pleading, operates as an admission against the opposite party.... The failure of the appellee to make denial of the execution of the contract as set out in the declaration, had the effect ... of relieving the appellant of proving it_ [Emphasis added.] Our use of the word “any” indicated this Court’s belief that a defendant had to plead one, some, or all of the various issues in section 28(108) to avoid the issue being admitted. In addition, we held that the failure of the party to deny, specifically, execution of the contract in that case rendered that issue admitted.

The same rule applies to the requirement, codified separately at the time, that the defendant must specifically plead that the plaintiff prove ownership of a motor vehicle to avoid that issue being admitted. See Finney v. Frevel, 183 Md. 355, 359 , 37 A.2d 923, 925 (1944) (“Ownership and operation of the car, however, are alleged in the declaration to be in Frevel. As the ownership was not denied by him in the next succeeding pleading, for the purpose of this case, ownership is admitted in him.” (citing § 28(109))); Gutheridge v. Gorsuch, 177 Md. 109, 114 , 8 A.2d 885, 887 (1939) (“Defendant’s failure to deny ownership of the two motor vehicles in the next succeeding pleading had the effect of admitting it, for the purpose of the suit ....”); cf. Aetna Cas. & Sur. Co. v. Chisman, 528 P.2d 1317 , 1318 (Colo.Ct.App.1974) (holding that the defendant’s failure, in a conversion action, to deny that the plaintiff owned the vehicle admitted that fact under the Colo ⁶³⁵ rado procedural rules); Astor Elec.

Serv., Inc. v. Cabrera, 62 So.2d 759, 761 (Fla.1952) (noting that, in an automobile tort case, “the allegations of ownership [of the automobile] being undenied would seem to settle that question for the purpose of this case.”). Finally, our holding in the case sub judice supports the original purpose behind the requirement that a defendant specifically demand proof for each issue listed in Rule 3-308. We discussed the purpose behind section 28(109) in Pennsylvania Railroad Co. v. Lord, 159 Md. 518, 528 , 151 A. 400, 404-05 (1930): The evil or inconvenience of the burden which the law, prior to the passage of this legislation, imposed upon the plaintiff, and which the Legislature had in mind to correct, was that of requiring the plaintiff to prove the defendant’s ownership of the automobile as a fact necessary to recovery, which fact in most cases would be undisputed and not susceptible of successful denial, yet which, if not formally admitted by the defendant, would require such proof on the part of the plaintiff.... It simply was intended to dispense with the necessity of proof as to ownership in those cases where ownership was not denied by the defendant in the next succeeding pleading.

We also noted the purpose behind section 28(108) (and, presumably, paragraph 109), in McBriety v. Phillips, 180 Md. 569, 571-72 , 26 A.2d 400, 402-03 (1942): At common law, whenever a declaration alleged a partnership or a corporation or a written instrument material under the pleadings, and issue was joined on the general issue pleas, the burden was on the plaintiff to prove the existence of the partnership or the corporation or the genuineness of the instrument. In the great majority of cases it was impossible to refute the allegation, yet the plaintiff was obliged to produce the evidence, however troublesome or expensive. 9 Wigmore on Evidence, 3rd Ed., Sec. 2596. In order to obviate this useless procedure, the Legislature in 1888 enacted the rule that whenever the pleadings in an action at law allege the partnership of any parties, or a ⁶³⁶ corporation, or the execution of any