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IN THE COURT OF APPEALS OF MARYLAND

No. 131 September Term, 2006 _________________________________________ DAVID MAURER v. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE CO. _________________________________________ Raker * Cathell Harrell Greene Eldridge, John C. (Retired, Specially assigned) Wilner, Alan M. (Retired, Specially Assigned) ** Bloom, Theodore G. (Retired, Specially Assigned), JJ. _________________________________________ Opinion by Eldridge, J. _________________________________________ Filed: December 6, 2007 * Cathell, J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Constitution, Article IV, Section 3A, he also participated in the decision and adoption of this opinion. ** Bloom, J., participated in the hearing and in the conference of the case in regard to its decision, but died prior to the adoption of the opinion by the Court.

The appellant David Maurer was the passenger in an automobile involved in an accident, and he sustained serious personal injuries. Maurer initiated this underinsured motorist action against his insurer, the appellee Pennsylvania National Mutual Casualty Insurance Co., in the Circuit Court for Baltimore City. Following a jury verdict and judgment in favor of the defendant Penn National, Maurer has prosecuted this appeal. Maurer argues that the trial judge erred when he instructed the jury that violation of a statute is evidence of negligence and, immediately after that instruction, described statutes which were irrelevant to the issues before the jury. The statutes are Maryland Code (1977, 2006 Repl. Vol.),

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