TTH Attorneys Lacey Conn, Amanda Finney and Sam Hemmingstad recently prevailed in the Maryland Supreme Court after successfully arguing that the Maryland Workers’ Compensation Act barred a Plaintiff’s wrongful death claim.  While in the course of his employment, the decedent tragically fell from a retaining wall on the jobsite and suffered fatal injuries.  TTH represented the decedent’s employer, Jenway Contracting, Inc.  Plaintiff, the decedent’s daughter, brought her wrongful death action against Jenway Contracting, seeking damages for her father’s death at his workplace.

At the Trial Court level, TTH argued that the exclusivity provision of the Maryland Workers’ Compensation Act barred Plaintiff from bringing a wrongful death action against her father’s employer.  Plaintiff, in turn, argued that the Workers’ Compensation Act did not apply because she was not the decedent’s dependent and, therefore, she was eligible to recover under Maryland’s wrongful death statute.

Attorney Finney prepared both the Motion to dismiss and Reply Brief, while Attorney Conn argued the Motion before the Trial Court.  The Trial Court agreed with TTH’s arguments and dismissed the case.  Plaintiff then appealed, once again arguing that she fell outside the purview of the Workers’ Compensation Act and was not subject to its exclusivity provision.  Moreover, Plaintiff asserted that extinguishing her right to bring a wrongful death claim without providing her an alternative remedy violated Article 19 of the Maryland Declaration of Rights.

TTH argued on appeal that the Maryland Legislature considered this exact scenario when creating the Workers’ Compensation Act and did provide a manner for Plaintiff to receive compensation, albeit not the amount of compensation Plaintiff sought in her wrongful death claim.  Attorney Finney authored the Appellee’s Brief, and Attorney Conn argued the case before the Maryland Court of Appeals, in front of a three-judge panel.  The Appellate Court agreed with the Lower Court and affirmed its ruling.  Plaintiff again appealed.

In the Supreme Court of Maryland, Plaintiff argued that both Lower Courts had erred in holding that the exclusivity provision of the Workers’ Compensation Act applied to her and effectively barred her claim.  Attorney Finney wrote the Respondent’s Brief, and Attorney Conn argued in the Supreme Court of Maryland before a panel of seven Justices.  Following oral arguments, the Court requested supplemental briefing to address whether barring Plaintiff’s wrongful death claim would violate Article 19 of the Maryland Declaration of Rights.  The Court further invited the Maryland Attorney General into the case to address this question on behalf of the State of Maryland.

Attorney Hemmingstad authored the Supplemental Brief and argued that barring Plaintiff’s claim would not violate Article 19 because the remedy sought by Plaintiff is not a traditional remedy that is protected by Article 19.  TTH’s Supplemental Brief further argued that the exclusivity provision of the Workers’ Compensation Act created a reasonable restriction on access to the courts.  In a 4-3 decision, the Supreme Court of Maryland agreed and affirmed the judgement of the Lower Courts, holding that the exclusivity provision does not violate Article 19, meaning that Plaintiff could not maintain a wrongful death action against Jenway Contracting.

Questions about this case can be directed to Lacey Conn at (571) 464-0433 or lconn@tthlaw.com, or to Amanda Finney at (571) 470-0394 or afinney@tthlaw.com, or to Sam Hemmingstad at (202) 978-2049 or shemmingstad@tthlaw.com.