STITZEL v. KURZ

No. 623, September Term, 1972.

18 Md. App. 525 (1973)

308 A.2d 430

CHARLES M. STITZEL ET AL. v. JOHN LEONARD KURZ ET AL. JOHN LEONARD KURZ v. BALTIMORE COUNTY, MARYLAND.

Court of Special Appeals of Maryland.

Decided August 8, 1973.


Attorney(s) appearing for the Case

First appeal argued by Marvin Ellin, with whom was Leonard Passano Baker, Jr., on the brief for appellants Charles M. Stitzel, Jr. et al.

James H. Cook with whom were Cook, Mudd, Murray & Howard on the brief for appellee John Leonard Kurz and by W. Lee Harrison, with whom was Cooper C. Graham on the brief for appellee Baltimore County, Maryland.

Second appeal argued by James H. Cook, with whom were Daniel O'C. Tracy, Jr., and Cook, Mudd, Murray & Howard on the brief for appellant John Leonard Kurz.

W. Lee Harrison, with whom was Cooper C. Graham on the brief for appellee Baltimore County, Maryland.

The cause was argued before MORTON, POWERS and MENCHINE, JJ.


POWERS, J., delivered the opinion of the Court.

John M. Stitzel, 15, sustained fatal injuries when the automobile in which he was riding as a passenger at about 11:00 P.M. on 11 September 1970 left the road and hit several stationary objects, including a utility pole. The automobile, driven by John Leonard Kurz, was travelling in an easterly direction on Joppa Road in Baltimore County. Three other teen age boys were also passengers.

The parents of the deceased...

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