# Hans v. Franklin Square Hospital

> Court of Special Appeals of Maryland · December 3, 1975 · 29 Md. App. 329

URL: https://www.frixlaw.com/law-library/cases/9637942

## Case

- **Full name:** THEODORE F. HANS Et Ux. v. FRANKLIN SQUARE HOSPITAL Et Al.
- **Court:** Court of Special Appeals of Maryland
- **Decided:** December 3, 1975
- **Citations:** 29 Md. App. 329; 347 A.2d 905; 1975 Md. App. LEXIS 327
- **Precedential status:** Published
- **Opinion:** Dissent by Davidson
- **Judges:** Orth, Davidson, Lowe
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Brown v. Meda, 74 Md. App. 331 (1988).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9637942

## How later opinions describe it (automated extraction)

- 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.”

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9637942. Public record. Not legal advice.