FRY v. CARTER

No. 113, Sept. Term, 2002.

825 A.2d 1042 (2003)

375 Md. 341

Gabrielle I. FRY, et al. v. Sonny James CARTER, et al.

Court of Appeals of Maryland.

June 12, 2003.


Attorney(s) appearing for the Case

Paul D. Bekman (Michael P. Smith, Salsbury, Elements, Bekman, Marder & Adkins, L.L.C., on brief), Baltimore, for petitioners.

D. Elizabeth Walker (Amy Leete Leone, McCarthy Wilson, on brief), Rockville, for respondents.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.


RAKER, J.

In this wrongful death and survival action, we must decide whether, in a negligence action following the collision of a tractor-trailer and a roadside worker, it was error for a trial court to instruct the jury on unavoidable accident. We shall hold that such an instruction was inapplicable given the facts of this case and, further, that an unavoidable accident instruction should never be given in a negligence action.

I.

Howard C. "Skip...

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