Moran Paving v. Asphalt & Concrete Services
August 5, 2020
This case involved the recurring issue of whether evidence of insurance or no insurance could be brought up during a trial. This case involved a motor vehicle accident and a claim, among others, for negligent hiring. The Prince George’s County Circuit Court allowed the Plaintiff to introduce evidence that a defendant’s driver had no liability insurance at the time of the accident to prove negligent hiring arguing that the violation of a statute (compulsory insurance law) could be evidence of negligence for the jury to consider. The Court of Appeals reversed the lower court holding that evidence of insurance coverage – or the lack thereof – had nothing whatsoever to do with the cause of the plaintiff’s injuries (being run over by a dump truck) and therefore its admission into evidence was prejudicial and reversible error. The Court reasoned that the employer’s so-called negligence in hiring a driver without liability insurance did not cause plaintiff’s injuries and the jury should not have been permitted to hear or consider such evidence at all. This ruling affirms the principle that insurance coverage really has no place being brought up at trial since it has no relationship to Plaintiff’s injuries or their cause.