Brooks v. Sun Cab Co., Inc., 208 Md. 236

Summary

The Maryland Court of Appeals held that evidence of a taxicab driver's speed and the resulting impact was sufficient to submit the issue of primary negligence to the jury. It further held that the passenger's failure to warn the driver did not support a contributory-negligence instruction because there was no evidence that she knew of the street dip or otherwise failed to exercise ordinary care. The judgment for Sun Cab Company was reversed and the case remanded for a new trial.

Holdings

1. The evidence was legally sufficient to warrant submission to the jury of whether the taxicab driver was negligent in driving into the dip at the speed and in the manner alleged by Brooks.
2. A rear-seat taxicab passenger ordinarily has no duty to constantly watch for dangers, warn the driver, or protest the manner of operation when the danger should be as apparent to the driver as to the passenger, absent circumstances indicating that the driver is incompetent, reckless, or inattentive.
3. Because there was no evidence of contributory negligence or any legally supportable inference of it, the instruction permitting the jury to find for the defendant based on any failure by Brooks to use ordinary care was prejudicial error.

Questions Presented

1. Whether the evidence was legally sufficient to submit the taxicab driver's primary negligence to the jury.
2. Whether the evidence supported submitting contributory negligence to the jury based on Brooks's alleged failure to warn the driver or otherwise protect herself.
3. Whether the contributory-negligence instruction was prejudicial error requiring reversal.

Disposition

reversed_and_remanded