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VITO v. SARGIS & JONES

No. 596, September Term, 1995.

108 Md. App. 408 (1996)

MARY ALICE VITO v. SARGIS & JONES, LTD. ET AL.

Court of Special Appeals of Maryland.

February 29, 1996.

Attorney(s) appearing for the Case

Monroe Jon Mizel, Kingsington, for appellant.

Thomas Patrick Ryan (McCarthy, Wilson & Ethridge, on the brief), Rockville, for appellee, Sargis & Jones.

Denise A. Greig (Semmes, Bowen & Semmes, on the brief), Baltimore, for appellee, Cogan Kibler, Inc.

Argued before HOLLANDER and SALMON, JJ., and PAUL E. ALPERT, Judge (Retired), Specially Assigned.

SALMON, Judge.

In this appeal we are called upon to analyze the doctrine of res ipsa loquitur. Three questions are presented:

1. Did plaintiff/appellant [Mary Vito] waive reliance on the doctrine of res ipsa loquitur by attempting to establish specific acts of negligence on the part of defendants Cogan Kibler, Inc. and Sargis & Jones Ltd.? 2. Did the trial court err in granting Cogan Kibler, Inc.'s motion for judgment?

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