Manor Inn , 335 Md. 135, 642 A.2d 219 (1994) , explaining the “purpose of the summary judgment procedure is to decide whether there is an issue of fact sufficiently material to be tried, not to try the case or to resolve factual disputes.” Gross v. Sussex, Inc ., 332 Md. 247, 255, 630 A.2d 1156, 1160 (1993) . See Foy v. Prudential Insurance Company of America, et al ., 316 Md. 418, 422, 559 A.2d 371, 373 (1989) ; Coffey v. Derby Steel Company , 291 Md. 241, 247, 434 A.2d 564, 568 (1981) . Thus, the review of the grant of summary judgment involves the determination whether a dispute of material fact exists, Gross , 332 Md. at 255, 630 A.2d at 1160 . Pursuant to Maryland Rule 2-501(e), when the motion and response show that there is no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law, the trial court shall enter summary judgment for the moving party. Gross , 332 Md. at 255, 630 A.2d at 1160. The determination of whether a genuine dispute of material fact exists and, if not, what the ruling of law should be, requires the reviewing court to resolve all inferences to be drawn from the pleadings, admissions, and affidavits, etc., against the moving party. Id . at 256, 630 A.2d at 1160. B. Defendant Has Not Overcome the Rebuttable Presumption that this Rear-end Accident Was Caused by His Negligence In this case, it is undisputed that Plaintiff was stopped behind stopped traffic on the freeway and that thereafter defendant crashed into her. No other entity was involved in causing this accident. Defendant should be found liable as a matter of law for all damages proximately flowing from his negligence. An evidentiary presumption of negligence arises where a motor vehicle is struck from behind by another vehicle. Andrade v. Housein , 147 Md. App. 617, 623 (2001). Defendant cannot rebut this presumption by suggesting without foundation that Captain McMillen may have stopped short in the roadway.
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- Fall '16
- English, Judgment, Summary judgment, Captain Melissa McMillen, Benjamin McMillen