Evans v. Shores, et al. (Court of Special Appeals)

Court of Special Appeals
No. 0506, September Term, 2015

Date of Argument: 6/9/16

Opposing Counsel: Mark Rosasco, Esq.
Co-Defendant’s Counsel: Laurie Ann Garey, Esq.

Opinion: Affirm Judgment of the Circuit Court (Evans v. Shores, et al.)

Special Circumstances

Plaintiff filed an appeal with the Court of Special Appeals arguing that the Circuit Court erred in a number of ways:

1)  allowing the issue of assumption of the risk to go to the jury,
2) allowing the jury to hear that Defendant served jail time,
3) admitting an expert toxicologist’s testimony into evidence, and
4) admitting an expert toxicologist’s report into evidence.

In an unreported opinion by Judge Rodowsky, the Court of Special Appeals affirmed the decision of the Circuit Court (Opinion). The Court of Special Appeals found that there was sufficient evidence for a jury to conclude the plaintiff assumed the risk of her injury. Furthermore, the Court found no error in admitting the evidence regarding the defendant’s jail time and the toxicologist’s evidence.