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MOODIE v. SANTONI

[No. 54, September Term, 1981.]

292 Md. 582 (1982)

ALLAN H. MOODIE AND MEYER W. JACOBSON v. ANTOINETTE SANTONI, PERSONAL REPRESENTATIVE OF THE ESTATE OF MARIO SANTONI

Court of Appeals of Maryland.

Motion for reconsideration filed February 17, 1982.

Opinion modified and as modified motion denied March 2, 1982.

Attorney(s) appearing for the Case

B. Ford Davis, with whom were William B. Whiteford and Whiteford, Taylor, Preston, Trimble & Johnston on the brief, for appellants.

Stuart M. Salsbury, with whom were Max R. Israelson and Israelson & Jackson, P.A. on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

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

We took this case to decide what we considered to be important public issues. However, without reaching such issues, we conclude that the Court of Special Appeals erred in its determination that the issue of contributory negligence here was not one for the jury. Accordingly, we shall be obliged to reverse the judgment of that court contained in Santoni v. Schaerf, 48 Md.App. 498

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