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Romero v. Brenes, No. 1504, 2008 Term

Motor Tort: Single car accident. Operation of small car, driving up to 60 m.p.h. (twenty m.p.h. over speed limit), in curb lane of three lanes on one-direction side of dual highway, strikes right curb, crosses highway and collides with light standard in median. Driver and one passenger killed. Trial court grants judgment for defendant at close of plaintiffs' case. Held: Reversed and Remanded. Where plaintiffs disclaimed reliance on res ipsa loquitur in the trial court, but argued unexplained loss of control by driver, in addition speed, as cause of collision, appellate court not precluded from analyzing sufficiency of the evidence based on inferences from the circumstances, res ipsa loquitur, or both. Under any of the three approaches, evidence in instant matter sufficient to survive motion.

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1504 September Term, 2008

DORA ROMERO, et al

v.

CLAUDIA BRENES PERSONAL REPRESENTATIVE OF THE ESTATE OF CARLOS BRENES

Hollander, Eyler, James R., Rodowsky, Lawrence F. (Retired, Specially Assigned), JJ.

Opinion by Rodowsky, J. Dissenting Opinion by Eyler, James R., J.

Filed: November 30, 2009

This appeal arises out of a collision between an automobile and a pole in a median strip that killed both the driver, Carlos Brenes (Carlos), and his front-seat passenger, Nelly Mursal (Nelly). Dora Romero and Abdinur Mohamed Mursal, the parents of Nelly Mursal and the personal representatives of her estate, appellants, filed a wrongful death action, see Maryland Code (2006 Repl. Vol.),

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