he drove the defendant’s car at her request, whether such a relationship actually ex- isted was a matter for the jury to decide. Moreover, the Court determined that, even if Keefer was Rebecca’s agent, sum- mary judgment was not proper, because agency principles do not, as a matter of law, necessarily defeat the claim of an owner-passenger who sues his or her driver for injuries allegedly caused by the driver’s negligence.
The Court also concluded that the cir-
cuit court erred in granting summary judgment based on the affirmative de- fenses of contributory negligence and assumption of risk. The Court noted that Keefer failed to refer the Court to any cases suggesting that, as a matter of law, a passenger’s claim against an intoxicated driver automatically fails if there is any evidence showing that the passenger knew that the driver had been drinking. Addi- tionally, the Court observed: 1) the only facts relied on for summary judgment in favor of appellee were provided by him in answers to interrogatories, and were largely uncorroborated; 2) the presump- tion that the decedent exercised due care for her own safety applied to the case; and 3) the decedent, who was the only other eye witness, died at the scene; therefore, summary judgment rested on appelle’s credibility, which is a matter solely for the jury to assess.
Henry Faith, et al. v. Timothy Lee Keefer, No. 1499, September Term, filed Septem- ber 3, 1999. Opinion by Hollander, J.
Torts
Negligence – claim against Baltimore city police officer for negligently failing to provide protection—claims against state of Maryland and city of Baltimore dis- missed—summary judgment granted in favor of police officer- -lack of duty of officer to provide individualized protec- tion- -public official immunity of officer for non-malicious act of negligence—in- applicability of art. 27-§ 11f- -creation of duty to protect through creation of a special relationship—public official im- munity would apply even in such a case—dismissal of complaint against city of Baltimore not in error.
Facts: On July 19, 1995, after receiving a frantic call from her eighteen-year old daughter Valerie Williams, Mary Williams arrived home to find that Valerie had again been beaten by her boyfriend Gerald Watkins. She immediately called 911 and Officer Edward Colbert responded. Af- ter arriving at the scene Officer Colbert
Winter 2000 Trial Reporter 45
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