MICHAEL E. HARRISON ET AL.
v.
MONTGOMERY COUNTY BOARD OF EDUCATION ET AL.
Court of Appeals of Maryland.https://leagle.com/images/logo.png
Decided March 2, 1983.
Decided March 2, 1983.
Attorney(s) appearing for the Case
Jacob A. Stein, with whom were Glenn A. Mitchell, Basil J. Mezines, Gerard E. Mitchell, Michael G. Charapp, Robert F. Muse and Stein, Mitchell & Mezines and Robert Paul Hillerson on the brief, for appellants.
H. Thomas Howell and John H. Mudd, with whom were Susan T. Preston, David R. Owen, Semmes, Bowen & Semmes, Paul V. McCormick and McCormick, Sullivan & Talbott on the brief, for appellees.
Amicus curiae brief of Maryland Trial Lawyers' Association, Inc. filed. Leo A. Hughes, Jr., David E. Furrer and Steen, Hughes & Seigel on the brief.
Amici curiae brief of The National Association of Independent Insurers and Alliance of American Insurers filed. James J. Doyle, Jr., Carl W. Caputo and Doyle & Langhoff on the brief.
Amicus curiae brief of The Motor Vehicle Manufacturers Association of the United States, Inc. filed. Edward S.Digges, Jr., Robert Dale Klein, Michael T. Wharton and Piper & Marbury and William H. Crabtree on the brief.
Amici curiae joint brief filed by Baltimore Gas and Electric Company, Delmarva Power & Light Company of Maryland, The Potomac Edison Company and Potomac Electric Power Company. James A. Biddison, Jr., Valarie R. Watts, Robert B. Murdock and H. Edward Holtz on the brief.
Amicus curiae brief of The Alliance of American Insurers filed. James J. Doyle, Jr., Carl W. Caputo and Doyle & Langhoff on the brief.
The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ., and W. ALBERT MENCHINE, Associate Judge of the Court of Special Appeals (retired), specially assigned.
Court of Appeals of Maryland.
MURPHY, C.J., delivered the opinion of the Court. DAVIDSON, J., dissents and filed a dissenting opinion at page 463, infra.
The issue in this case is whether the common law doctrine of contributory negligence should be judicially abrogated in Maryland and the doctrine of comparative negligence adopted in its place as the rule governing trial of negligence actions in this State.
I
On April 26, 1978, Michael Harrison, fourteen years old and...
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