NELSON v. CARROLL

No. 137, Sept. Term, 1998.

735 A.2d 1096 (1999)

355 Md. 593

Charles A. NELSON v. Albert CARROLL.

Court of Appeals of Maryland.

August 26, 1999.


Attorney(s) appearing for the Case

John A. Austin, Towson, for petitioner.

No argument on behalf of respondent.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER and CATHELL, JJ.


CHASANOW, Judge.

This case requires that we determine the extent to which a claim of accident may provide a defense to a civil action for battery arising out of a gunshot wound. Charles A. Nelson, the plaintiff in this case and the petitioner here, asserts that the trial court should have held Albert Carroll, the defendant and respondent, liable for the tort of battery as a matter of law, sending to the jury only the issue of damages. We agree with Nelson that a claim...

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