Opinion

Hans v. Franklin Square Hospital

  • 29 Md. App. 329
  • 347 A.2d 905
  • 1975 Md. App. LEXIS 327
Court
Court of Special Appeals of Maryland
Filed
Dec 3, 1975
Status
Published
Author
Davidson
On the bench
Orth, Davidson, Lowe
Cited by
11 cases

Overruled on other grounds by Brown v. Meda, 74 Md. App. 331 (1988)

holding "[w]hatever the merits of the application of res ipsa loquitur to the facts in this case, it is beyond our authority to decide contrary to clearly established law set forth by the Court of Appeals. We are bound by stare decisis."

How later courts described this case

  • holding "[w]hatever the merits of the application of res ipsa loquitur to the facts in this case, it is beyond our authority to decide contrary to clearly established law set forth by the Court of Appeals. We are bound by stare decisis."
  • holding "[wjhatever the merits of the application of res ipsa loquitur to the facts in this case, it is beyond our authority to decide contrary to clearly established law set forth by the Court of Appeals. We are bound by stare decisis.”

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Brown v. Meda, 74 Md. App. 331 (1988)

    29 Md.App. 329, 335, 347 A.2d 905 (1975), overruled on other grounds by Brown v. Meda, 74 Md.App. 331, 537 A.2d 635 (1988).
    Court of Special Appeals of MarylandJun 24, 19882 citing opinionsother groundsRead it

The opinion

*339

Davidson, J.,

dissenting:

I respectfully dissent. In my view, the evidence was sufficient to require the questions of negligence and causation to be resolved by the jury. The trial court erred in granting the motion of judgment n.o.v. Accordingly, I would reverse and remand for a new trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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