Goss v. Estate of Jennings

The principal issue in this case is whether the non-economic damage cap imposed by Md.Code (1974, 2006 Repl.Vol.), *157Courts & Judicial Proceedings Article (CJP), § 11-108 applies separately or collectively to damages awarded in a wrongful death and a survival action.1 This and additional questions arise from a $1.37 million judgment entered in a wrongful death and survival action stemming from the death of Rodney Jennings (“Jennings”), an inmate in the custody of the Maryland Division of Corrections (“DOC”).

While working on a litter pickup detail on the Capital Beltway (1-495) in Landover in…