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).
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.