RISTAINO v. FLANNERY

No. 116, September Term, 1988.

317 Md. 452 (1989)

564 A.2d 790

MARY LOUISE RISTAINO ET AL. v. LINDA ANN FLANNERY.

Court of Appeals of Maryland.

October 16, 1989.


Attorney(s) appearing for the Case

Michael T. Ward (Law Offices of Peter G. Angelos, both on brief), Baltimore, for petitioner.

Allen W. Cohen (Goodman, Cohen & Bennett, P.A., both on brief), Annapolis, for respondent.

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


RODOWSKY, Judge.

This automobile collision, personal injury case was tried before a jury and resulted in a defendant's verdict. We granted certiorari to consider the following question:

"Is it reversible error to instruct the jury that the mere happening of the accident creates no presumption of negligence on the part of the defendant where the manner in which the accident happened does indeed create a rebuttable presumption of negligence?"

As explained...

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