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Joann Urquhart et al. v. Angela C. Simmons et al. - No. 108, 1994 Term VENUE - Transfer -- Trial judges may not sua sponte transfer a case on the grounds of forum non conveniens -- transfer issue adequately raised and trial judge did not abuse his discretion.

IN THE COURT OF APPEALS OF MARYLAND No. 108 September Term, 1994 ___________________________________

JOANN URQUHART et al. v. ANGELA C. SIMMONS et al.

___________________________________

Murphy, C.J. Eldridge Chasanow Karwacki Bell Raker McAuliffe, John F. (retired, specially assigned) JJ. ___________________________________ Opinion by Chasanow, J. Bell and Raker, JJ., dissent. ___________________________________

Filed:

June 26, 1995

We are called upon in this case to determine the scope of a trial court's authority to transfer a case based on the doctrine of forum non conveniens as codified in Maryland Rule 2-327(c). For

the reasons discussed below, we hold that a trial court may not sua sponte transfer a case on the grounds of forum non conveniens. Nevertheless, because the defendants in the instant case adequately raised that issue by filing their motion to dismiss or to transfer, we hold that the trial judge did not abuse his discretion in transferring this case to Montgomery County.

I. This appeal arises out of a tort action filed by Angela Simmons, and her children, Sharon, David, and Mark Simmons, in the Circuit Court for Prince George's County against Joann Urquhart, M.D., William Tullner, M.D.,1 and Maryland Cardiology Associates, P.A. (MCA) for wrongful death and survival arising out of the death of Anthony Simmons, the husband and father of the plaintiffs. Mr. Simmons visited MCA's office on February 25, 1987

complaining of chest pains.2

On March 4, 1987, Mr. Simmons was

admitted to Washington Adventist Hospital in Montgomery County for a cardiac catheterization to determine the cause of his chest
1

Dr. Tullner was dismissed from this case prior to trial.

At the time of the events in the instant case, MCA maintained three offices. Two offices were located in Montgomery County in Bethesda and Silver Spring and one office was located in Laurel in Prince George's County. Dr. Tullner and Dr. Urquhart had privileges at hospitals located in both Montgomery and Prince George's Counties.

2

-2pains. Dr. Tullner performed the cardiac catheterization on March

5, 1987 and the results of the test showed that there were no significant arterial blockages. While Mr. Simmons was still in the hospital, Dr. Tullner left town to attend a medical convention and Dr. Urquhart took over the care of Mr. Simmons. Dr. Urquhart discharged Mr. Simmons from the Prior to discharging Mr.

hospital on the evening of March 9, 1987.

Simmons, Dr. Urquhart examined his chart, examined his heart and lungs, provided him with routine discharge instructions, and

prescribed several medications.

Dr. Urquhart did not specifically

inform Mr. Simmons of the potential complications from the cardiac catheterization, such as pain and fever, which are associated with a potentially fatal condition known as pulmonary embolization. Dr.

Urquhart did, however, advise Mr. Simmons to call her if he experienced any problems. On March 13, 1987, Mr. Simmons died of

a pulmonary embolism at Greater Laurel Beltsville Hospital in Prince George's County. Subsequently, plaintiffs filed a wrongful death and survival action with the Health Claims Arbitration Office. Prior to

proceeding with the claim, the parties waived arbitration and filed a complaint for wrongful death and survival in the Circuit Court for Prince George's County. Soon after the lawsuit was filed, the

defendants filed a Motion to Dismiss, or, in the Alternative, Motion to Transfer to the Circuit Court for Montgomery County, requesting that the case be dismissed or in the alternative

-3transferred to Montgomery County. The defendants cited Maryland

Code (1974, 1995 Repl. Vol.), Courts and Judicial Proceedings Article,

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