Hendrix v. Burns

In Hendrix v. Burns, 205 Md. App. 1, 43 A.3d 415, cert. denied, 427 Md. 608, 50 A.3d 607 (2012) the plaintiff was injured in a motor vehicle accident and filed suit. The defendant admitted liability. The plaintiff was permitted to recover for the fright she experienced during the accident and the emotional distress she endured as a result of the physical injuries she sustained in the accident. Id. at 31. The trial court granted the defendant's motion in limine that precluded the plaintiff from introducing evidence that, after the accident and after she had left the accident scene, she learned that at the time leading up to the accident the defendant had been drunk, had been involved in a "road rage" incident with another driver, had attempted to flee after the accident, and had a criminal record that included driving under the influence convictions. Id. at 10. The plaintiff maintained that because she had worked as a 9-1-1 operator for years, and had taken calls related to drunk driving accidents, the fact that she was hit by a drunk driver was relevant to her emotional distress. After reviewing several cases, including Belcher, Beynon and Vance, we concluded that the fact, learned by the plaintiff after the accident, that the defendant was drunk, was in a road rage incident, attempted to flee, and had a history of drunk driving convictions was not relevant to the emotional distress she experienced as a consequence of the collision. Id. at 37. Moreover, because the trial court had concluded, in the alternative, that any probative value of the evidence was outweighed by the danger of undue prejudice, we held that the conclusion was reasonable. Id.