After Winning a Defense Verdict at Trial, Mike Burgoyne Prevails on Appeal Filed with the Maryland Court of Special Appeals

On March 3, 2021, the Court of Special Appeals (Maryland’s intermediate appellate court) affirmed a jury verdict in favor of a bar represented by TT&H Attorney Mike Burgoyne.  The case concerned an incident that occurred on New Year’s Eve in 2017 when an individual allegedly grabbed a customer’s arm and caused her to fall to the ground, resulting in a fractured leg.  The parties disputed whether the alleged assailant was an employee of the bar and, if so, whether he acted within the scope of his employment, such that the bar could be held vicariously liable for his actions.  After a three-day trial in November 2019, Mike won a defense verdict for the bar.  The jury found that while the alleged assailant was an employee, he acted beyond the scope of his employment, such that the bar was not liable for his actions.

The Plaintiff filed an appeal with the Court of Special Appeals, contesting the form of the verdict sheet and the sufficiency of the evidence.  Mike was able to persuade the Appellate Court that the Plaintiff failed to properly preserve her arguments regarding the verdict sheet.  As for the Plaintiff’s argument regarding the sufficiency of the evidence, the Court again ruled in Mike’s favor.  Rejecting the Plaintiff’s arguments, the Court remarked: “[W]e simply see a litigant unhappy with the results of a fair trial.”

Thomas, Thomas & Hafer, LLP (“TT&H”) is a regional insurance defense firm with over 80 lawyers in 11 offices throughout the Mid-Atlantic region.  Mike leads TT&H’s Baltimore office where he defends general liability claims.  You can contact Mike at (443) 641-0557 or mburgoyne@tthlaw.com.