(Download) "Montgomery County v. Valk Manufacturing Co." by September Term, 1988 Court of Appeals of Maryland No. 45 " Book PDF Kindle ePub Free
eBook details
- Title: Montgomery County v. Valk Manufacturing Co.
- Author : September Term, 1988 Court of Appeals of Maryland No. 45
- Release Date : January 06, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
When Dr. Srinivasa Rangaswamy entered Great Falls Road in his Toyota, he was immediately and fatally struck by an oncoming dump truck. In addition to chest injuries from the collision, his head was punctured by a snow plow arm which extended outward from the front of the truck. His family sued both the manufacturer of the snow plow and the truck owner who had used the plow without its blade. Because the court found that Rangaswamy was contributorily negligent in causing the accident, his family could not recover on its negligence claim against the truck owner who had used the plow. Contributory negligence is not a defense to strict liability, and a jury found the manufacturer strictly liable for its snow plow design. The issue here is whether the manufacturer may recover from the plow's user some of the money it paid to the plaintiff -- even though the plaintiffs could not have held the plow's user liable. We hold that the Uniform Contribution Among Tortfeasors Act (""UCATA"") does not establish a right of contribution under these circumstances. See Maryland Code (1957, 1986 Repl.Vol.) Article 50, §Â§ 16 to 24.