Opinion

Halliday v. Sturm, Ruger & Co., Inc.

  • 368 Md. 186
  • 792 A.2d 1145
  • 2002 Md. LEXIS 93
Court
Court of Appeals of Maryland
Filed
Mar 6, 2002
Status
Published
Author
Judge
On the bench
Wilner
Cited by
33 cases
Authority
More cited than 10.2%

concluding that an attorney trust account entitled “Maryland Legal Services, Jack A. Bernstein, Esquire, IOLTA” violated “the Maryland Rules regarding Attorney Trust Accounts”

How later courts described this case

  • concluding that an attorney trust account entitled “Maryland Legal Services, Jack A. Bernstein, Esquire, IOLTA” violated “the Maryland Rules regarding Attorney Trust Accounts”
  • We stated that strict liability relieves “persons injured by products from the requirement of proving negligence on the part of manufacturers or others in the distribution chain” and instead focuses “on the product itself,” thereby making “it easier to obtain a recovery for a defectively designed or manufactured product.”
  • “We do not believe that the Court of Appeals could have spoken with any greater clarity than it did in its decision in Kelley [v. R.G. Industries, Inc., 304 Md. 124, 497 A.2d 1143 (1985) ]. Until and unless the Court of Appeals revisits the issue, we are bound by stare decisis.”
  • “[T]he risk-utility test does not apply to a design defect unless the product malfunctions in some way.”

Written by the judges who cited it.

The opinion

BATTAGLIA Judge,

dissenting.

I respectfully dissent for the reasons so well expressed by Court of Special Appeals Judges Sonner and Hollander in their dissent in Halliday v. Sturm, Ruger & Co., 138 Md.App. 136 , 770 A.2d 1072 (2001).

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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