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DOVER ELEVATOR CO. v. SWANN

No. 58, September Term, 1993.

334 Md. 231 (1994)

638 A.2d 762

DOVER ELEVATOR COMPANY v. DAVID SWANN.

Court of Appeals of Maryland.

March 25, 1994.

Attorney(s) appearing for the Case

John A. Rego (Francis X. Quinn, Anderson & Quinn, on brief), Rockville, for petitioner.

Alan L. Fishbein (Fishbein & Fishbein, P.A., on brief), Ellicott City, for respondent.

Donald C. Allen (Denise Ramsburg Stanley, Allen, Johnson, Alexander & Karp, on brief), Baltimore, amicus curiae for National Elevator Industry, Inc.

Gary I. Strausberg (Randal D. Getz, M.D., J.D., Janet & Strausberg, on brief), Baltimore, amicus curiae for the Maryland Trial Lawyers' Ass'n.

Argued before RODOWSKY, McAULIFFE, CHASANOW, KARWACKI, ROBERT M. BELL, MARVIN H. SMITH, and CHARLES E. ORTH, Jr., Judges of the Court of Appeals (Retired and Specially Assigned), JJ.

CHASANOW, Judge.

We are called upon once again to analyze the multifarious doctrine of res ipsa loquitur. As Chief Judge Orth once exclaimed for the Court of Special Appeals, "[e]ver since 1863 when a barrel of flour rolled out of a warehouse window in England and injured a person passing on the public street, the thing has been attempting to speak for itself...." C & P Tel. Co. v. Hicks, 25 Md.App. 503, 509...

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