NATIONWIDE MUT. INS. CO. v. STROH

No. 8, September Term, 1987.

314 Md. 176 (1988)

550 A.2d 373

NATIONWIDE MUTUAL INSURANCE COMPANY v. ELLEN L. STROH, ET AL.

Court of Appeals of Maryland.

November 29, 1988.


Attorney(s) appearing for the Case

Robert C. Morgan (Donahue, Ehrmantraut & Montedonico, Chartered, on the brief), Baltimore, for appellant.

Edward J. Gilliss (Thomas F. McDonough and Royston, Mueller, McLean & Reid, on the brief), Towson, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, COUCH, McAULIFFE and ADKINS, JJ.


COLE, Judge.

This case presents the issue of whether, in an automobile collision case, the contributory negligence of a co-owner driver should be presumptively imputed to a co-owner passenger, so as to bar the passenger's recovery for injuries caused by the negligence of a third-party driver. We set forth the facts as follows.

During a family outing to the movies, an automobile driven by co-owner Richard Stroh and carrying his co-owner wife, Ellen Stroh, and...

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