Bd. of Trs., Cmty. Coll. of Baltimore County v. Patient First Corp.

Community College of Baltimore County (CCBC) entered into an agreement with Patient First Corporation, a medical provider, under which student medical technicians gained experience doing blood draws at Patient First. In the agreement, CCBC agreed to indemnify Patient First for any liability that Patient First might occur, including attorneys’ fees, arising from a negligent act or omission of a student. As a result of an incident involving a failed blood draw by a student, Patient First was sued. The parties in the suit reached a settlement agreement. CCBC challenged its obligation to indemnify Patient First for the settlement payment and attorneys’ fees, asserting that the liability arose from the Patient First’s own negligence. The circuit court ruled that Patient First was entitled to indemnification. The Court of Appeals affirmed in part and vacated in part, holding (1) the circuit court was not clearly erroneous in concluding that Patient First bore its burden of proving its entitlement to indemnification and that CCBC did not bear its burden of proving, as an affirmative defense, that Patient First was itself negligent and that the liability arose from that negligence; and (2) there was insufficient evidence to support a conclusion that the requested attorneys’ fee award was reasonable. Remanded. View "Bd. of Trs., Cmty. Coll. of Baltimore County v. Patient First Corp." on Justia Law