Board of Trustees of Baltimore County Community Colleges v. RTKL Associates, Inc

In Board of Trustees of Baltimore County Community Colleges v. RTKL Associates, Inc., 80 Md. App. 45, 52-53, 559 A.2d 805 (1989), the Court considered a claim by the appellant that the trial court's revision of a jury verdict was in error because it effectively deprived it of any recovery and transformed what the jury clearly meant as a contribution verdict into a verdict for indemnity. Finding that there was no evidence that the jury wished to shift the entire loss for damages for partial collapse of the roof of the appellant's physical education complex from the architectural firm, RTKL Associates, Inc., to the subcontractor, James H. Carr, Inc., and the general contractor, Carl H. Gonnsen& Sons, Inc., the Court discussed the limitations of the court's authority to revise a jury verdict: A trial court is vested with a very limited power to correct a jury verdict which is defective in form, but which in substance clearly and definitively expresses the jury's intention. Traylor v. Grafton, 273 Md. 649, 683, 332 A.2d 651 (1975). The trial court can correct, remold, or reform such a verdict so as to express the jury's clear and "definitely manifested" intention. Polkes & Goldberg Ins., Inc. v. General Ins. Co. of America,60 Md.App. 162, 167, 481 A.2d 808 (1984),cert. denied, 302 Md. 288, 487 A.2d 292 (1985). In fact, this power of revision has sometimes been expressed as a duty. For example, in Sun Cab Co. v. Walston, 15 Md. App. 113, 161-62, 289 A.2d 804 (1972), affirmed in part and reversed in part, 267 Md. 559, 298 A.2d 391 (1973), we stated that it was "the duty of the court to work the verdicts into form and make them serve" if the jury's intention is "manifest and beyond doubt" but the verdict is defective in form. In Montgomery Ward & Co. v. Keulemans, 275 Md. 441, 446-47,340 A.2d 705 (1975), the Court remanded for the trial court to reform a malicious prosecution damage award to include $ 350 that had been mistakenly assessed by the jury as a part of its verdict for false arrest damages. The Court in Montgomery Ward specifically rejected the contention that the verdict could only be corrected by the jury, or by the court in the jury's presence. The Court pointed out, however, that the contention would be true only "if the verdict were fatally defective, as, for example, would be a verdict which fails to assess damages." Montgomery Ward, 275 Md. at 447, 340 A.2d 705. The College presents us with no Maryland case, nor have we located one independently, which presents a factual scenario similar to the instant verdict. We are convinced, however, that the trial court's reformation reflected neither what the jury intended nor what the instructions mandated.