SABA v. DARLING

No. 170, September Term, 1987.

320 Md. 45 (1990)

575 A.2d 1240

MARKUS SABA v. CHARLES DARLING.

Court of Appeals of Maryland.

July 3, 1990.


Attorney(s) appearing for the Case

Albert D. Brault (Janet S. Zigler, Brault, Graham Scott & Brault, Robert Windsor, all on brief), Rockville, for appellant.

James L. Kelly, Jr. (Donahue, Ehrmantraut & Montedonico, Chartered, all on brief), Rockville, for appellee.

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


COLE, Judge.

We are asked to decide whether a plaintiff may recover on a theory of negligence for injuries received as a result of an assault and battery by a defendant who, when intoxicated, has a propensity to inflict harm upon others.

We summarize so much of the evidence presented at trial as we deem necessary to portray the circumstances giving rise to the issue. It was Saturday night, 11:30 p.m., on June 16, 1984. Markus Saba and Charles Darling had never...

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