TOSCANO v. SPRIGGS

No. 101, Sept. Term, 1995.

681 A.2d 61 (1996)

343 Md. 320

Kathryn C. TOSCANO v. Hope SPRIGGS.

Court of Appeals of Maryland.

August 21, 1996.


Attorney(s) appearing for the Case

Richard R. Page Wyrough (Cain & Wyrough, on brief), Upper Marlboro, for Petitioner.

Nancy L. Miller, Clinton, for Respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.


RODOWSKY, Judge.

We issued certiorari to the Court of Special Appeals, after its unreported decision in this motor vehicle tort action, to review that court's application of the presumption that the operator of a motor vehicle is the agent, servant or employee of its owner and is acting within the scope of such employment. In holding that the presumption had not been rebutted, the intermediate appellate court relied heavily on the presumption of permissive use, articulated...

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