Thursday, February 24, 2011

Failure To Continue Case Reversible Error

The Maryland Court of Appeals has held that a trial court committed reversible error in a medical malpractice case by refusing to grant a continuance sought for a religious observation that had been sought by the plaintiff and his counsel.

Shavous fell in the middle of the ten-day trial. Plaintiff and his counsel had on four occasions sought a continuance during the two days. Defense counsel objected and the court refused to grant any delay. Plaintiff rested prior to Shavous but the court allowed the defense (on behalf of the hospital) to go forward in the absence of the palintiff and his counsel. They returned in time to get the losing result.

There are two concurring opinions. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/02/the-maryland-court-of-appeals-has-held-that-a-trial-court-committed-reversible-error-in-a-medical-malpractice-case-by-refusin.html

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