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).