Mackey v. Dorsey

655 A.2d 1333, 104 Md. App. 250, 1995 Md. App. LEXIS 67
CourtCourt of Special Appeals of Maryland
DecidedMarch 31, 1995
DocketNo. 969
StatusPublished
Cited by22 cases

This text of 655 A.2d 1333 (Mackey v. Dorsey) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mackey v. Dorsey, 655 A.2d 1333, 104 Md. App. 250, 1995 Md. App. LEXIS 67 (Md. Ct. App. 1995).

Opinion

ALPERT, Judge.

In September 1989, appellants, Eddie Mackey, Jr. and Mildred Mackey, filed suit against appellee, Michael R. Dorsey, in the Circuit Court for Prince George’s County seeking damages sustained as a result of a motor vehicle accident that occurred on June 9, 1988. On May 22, 1990, Dorsey filed a motion for summary judgment, which was denied by the Honorable Arthur H. Monty Ahalt on July 2, 1990. On October, 28,1993, Dorsey filed a renewed motion for summary judgment, which was granted by the Honorable Richard Sothoron on April 22, 1994. This appeal followed.

Facts

Mr. Mackey is employed as a bus driver for the Washington Metropolitan Area Transit Authority in the District of Columbia. On the morning of June 9, 1988, he was stopped at a bus terminal at the intersection of Thirteenth Street and Pennsylvania Avenue in downtown D.C. While Mackey was waiting for passengers to board his bus, appellee, Michael R. Dorsey, parked his vehicle across the street in the median behind a police car. Dorsey exited his car in order to ask the officer for assistance with his passenger, Audrey Cooper. Dorsey had picked up Cooper when he found her wandering on the highway on his way to work. She had indicated to him that [255]*255she was lost and was looking for her mother.1 According to Dorsey, when he exited his vehicle he took his car keys with him. The officer informed him that he should take Cooper directly to D.C. General Hospital. When Dorsey returned to his vehicle, it did not start. Dorsey alleges that he then exited the car again in order to look under the hood. The police officer assisted him as he checked some wiring and the car’s battery. He then reentered the car, successfully started the engine, “and exited again only long enough to shut the hood of the car.” “At that time,” Cooper slid over to the driver’s seat and locked the door. Despite efforts by Dorsey and the police officer to stop her, Cooper pulled away from the median and collided with the bus driven by Mr. Mackey. Cooper was subsequently placed under arrest for unauthorized use of a motor vehicle.

Mr. Mackey’s version of what transpired after Dorsey parked in the median is somewhat different. He contends Dorsey exited his vehicle on only one occasion, never left the car with his keys, and never unlatched the hood of the car to check underneath it.

The Mackeys brought suit against Dorsey under theories of negligent entrustment (Count II), vicarious liability (Count III), and gross negligence (Count VIII).2 In granting Dorsey’s motion for summary judgment as to all counts, the lower court stated:

The Court feels there is no genuine dispute of material facts as to the fact that Ms. Cooper was not a permissive driver in this situation. The only time frame that Mr. [256]*256Dorsey could be presumed to be negligent in any way[,] shape or form by allowing his vehicle to be not under the care of himself, possibly accessible to Miss Cooper is when he exited the vehicle after the police officer and himself were able to start the same to simply close the hood.
Based on the affidavits, that appears to be unrefuted.... It is my sense based on the facts before me, that even if this matter went to trial as far as Mr. Dorsey, that a trial judge would direct Mr. Dorsey out at the end of the plaintiffs case.

The Mackeys assert that the lower court erred in finding that there were not issues of material fact with respect to each count of their complaint. Specifically, they contend that there are disputed issues of fact as to whether Cooper was the agent of Dorsey, and whether Dorsey relinquished control of his vehicle to Cooper when he left keys in the ignition and exited the vehicle.

Historically, it was only with great reluctance that summary judgment was granted. State and federal courts often “carelessly proclaimed that summary judgment was to be denied if there was any factual dispute or even any inference adverse to the movant which could be drawn from the facts.” Seaboard Surety Co. v. Richard F. Kline, Inc., 91 Md.App. 236, 242, 603 A.2d 1357 (1992). In a now famous trilogy of cases, Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986), Anderson v. Liberty Lobby, Ltd., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986), and Matsushita Elec. Ins. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986), the Supreme Court articulated the modern standard for summary judgment, which has been cited with approval by this court in Seaboard, 91 Md.App. at 242-45, 603 A.2d 1357. In Seaboard, at 243-44, 603 A.2d 1357, we summarized these three decisions:

The [Supreme] Court expressly stated that summary judgment was not a ‘disfavored procedural shortcut.’ Thus, the ‘mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported [257]*257motion for summary judgment; the requirement is that there be no genuine issue of material fact.’ ‘Factual disputes that are irrelevant or unnecessary will not be counted,’ and when a movant has carried its burden, the party opposing summary judgment ‘must do more than simply show there is some metaphysical doubt as to the material facts.’ ... The mere existence of a scintilla of evidence in support of plaintiffs claim is insufficient to preclude the grant of summary judgment; rather there must be evidence from which the jury could reasonably find for the plaintiff.

(Emphasis in original; citations omitted.)

Thus, only a “genuine issue” as to a “material fact” will prevent the granting of an otherwise sufficient motion for summary judgment. A “material fact” has been defined as one that will “somehow affect the outcome of the case.” King v. Bankerd, 303 Md. 98, 111, 492 A.2d 608 (1985). In contrast, a factual dispute “relating to grounds upon which the decision is not rested is not a dispute "with respect to a material fact and such dispute will not prevent the entry of summary judgment.” Seaboard Surety Co., 91 Md.App. at 242-43, 603 A.2d 1357 (quoting Salisbury Beauty Schools v. State Board of Cosmetologists, 268 Md. 32, 40, 300 A.2d 367 (1973)).

Our task in the present case, then, is to determine if there were any such disputes of “material fact” that would prevent the trial court from finding that appellants were not entitled to judgment, as a matter of law, as to all three counts against Dorsey.

I.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Thomas v. United States
D. Maryland, 2025
Kornegay v. United States
D. Maryland, 2025
Turner v. Dixon
D. Maryland, 2025
Greene v. Mott
D. Maryland, 2025
Brady v. Walmart Inc
D. Maryland, 2024
Reynolds v. United States
D. Maryland, 2023
Ford v. United States
165 F. Supp. 3d 400 (D. Maryland, 2016)
Catler v. Arent Fox, LLP
71 A.3d 155 (Court of Special Appeals of Maryland, 2013)
Edwards v. Mayor of Baltimore
933 A.2d 495 (Court of Special Appeals of Maryland, 2007)
Lawson v. United States
454 F. Supp. 2d 373 (D. Maryland, 2006)
Bowser v. Resh
907 A.2d 910 (Court of Special Appeals of Maryland, 2006)
Moore v. Myers
868 A.2d 954 (Court of Special Appeals of Maryland, 2005)
Phelan v. City of Mount Rainier
805 A.2d 930 (District of Columbia Court of Appeals, 2002)
Faith v. Keefer
736 A.2d 422 (Court of Special Appeals of Maryland, 1999)
McGuiness v. Brink's Inc.
60 F. Supp. 2d 496 (D. Maryland, 1999)
May v. Giant Food, Inc.
712 A.2d 166 (Court of Special Appeals of Maryland, 1998)
Toscano v. Spriggs
681 A.2d 61 (Court of Appeals of Maryland, 1996)
Washington Metropolitan Area Transit Authority v. Reading
674 A.2d 44 (Court of Special Appeals of Maryland, 1996)
Broadwater v. Dorsey
666 A.2d 1282 (Court of Special Appeals of Maryland, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
655 A.2d 1333, 104 Md. App. 250, 1995 Md. App. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackey-v-dorsey-mdctspecapp-1995.