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BALLANTINE v. UNSAT. C. & J. FUND

[No. 110, September Term, 1970.]

259 Md. 509 (1970)

270 A.2d 469

BALLANTINE v. UNSATISFIED CLAIM AND JUDGMENT FUND ET AL.

Court of Appeals of Maryland.

Decided November 11, 1970.

Attorney(s) appearing for the Case

Samuel D. Hill, with whom were Buckmaster, White, Mindel & Clarke on the brief, for appellant.

Robert J. Thieblot, with whom were Donald C. Allen and Allen, Thieblot & Alexander on the brief, for Unsatisfied Claim and Judgment Fund, part of appellees; and John C. Love, with whom were Charles H. Reed, Jr., and Cameron & Reed on the brief, for other appellee, Alexander Shaw.

The cause was argued before HAMMOND, C.J., and McWILLIAMS, FINAN, SMITH and DIGGES, JJ.

FINAN, J., delivered the opinion of the Court.

We must decide in this case whether a victim of an automobile accident who neglected to sue one of two joint tortfeasors will nevertheless be allowed to recover from the Unsatisfied Claim and Judgment Fund (Fund) pursuant to Art. 66 1/2, § 160 of the Maryland Code. The short answer is that he will not.

Appellant (Ballantine) was a passenger in a car driven by his friend Shaw on the evening of November 16...

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