Reeves v. Howar

• Decision Date: 26 September 1966
• Docket Number: No. 410,410
• Parties: Florane M. REEVES v. Raymond J. HOWAR et al.
• Court: Maryland Court of Appeals

Page 83

244 Md. 83

222 A.2d 697

Florane M. REEVES v. Raymond J. HOWAR et al.

No. 410.

Court of Appeals of Maryland.

Sept. 26, 1966.

Victor L. Crawford, Rockville, for appellant.

Henry E. Weil, Bethesda, for appellees.

Before HAMMOND, C. J., and HORNEY, MARBURY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.

BARNES, Judge.

On May 7, 1965, Florane M. Reeves, the plaintiff below and appellant in this Court, filed an action at law in the Circuit Court for Montgomery County against Raymond J. Howar and Elaine Howar, owners of a home in Montgomery County, and against Spotswood I. Quinby, Inc. (the Quinby Corporation), a Maryland corporation engaged in repair work upon the premises, to recover for damages for personal injuries allegedly resulting from the negligence of the defendants in connection with a fall while Mrs. Reeves was walking up the stairs in the premises. The defendants were served with process and the Howars on June 9, 1965 filed a general issue plea. On June 17, 1965 the Quinby Corporation filed a motion for summary judgment, submitted a statement of points and authorities and a supporting affidavit by Spotswood I. Quinby, president of the Quinby Corporation. Mrs. Reeves, by her counsel, submitted a statement of points and authorities in opposition to the motion for summary judgment on August 13, 1965. The motion for summary judgment was heard by Judge Shook on August 25, 1965, and the motion was granted the same day. Judgment in favor of the Quinby Corporation for costs was entered on August 31, 1965. A timely appeal was taken from this judgment to this Court by Mrs. Reeves.

The motion for summary judgment by the Quinby Corporation recited that it was based on the ground 'that there is no genuine dispute between the parties as to any material fact upon which the Declaration is based, and that the defendant, Spotswood I. Quinby, Inc., a Corporation, is entitled to judgment thereon as a matter of law.' (Emphasis supplied.)

The statement of points and authorities filed by the Quinby Corporation asserts two points and five decisions, as follows:

'1. Before there can be any liability because of negligence, it must appear that the person against whom the claim of negligence is made was under some legal duty of obligation to the person injured and that such duty or obligation was breached or undischarged. Social Security Administration, Baltimore Federal Credit Union vs. U. S., (D.C.) 138 F.Supp. 639; East Coast Freight Lines vs. Consolidated Gas Electric Light & Power Co. of Baltimore, 187 Maryland 385 (50 A.2d 246).

'2. A contractor owes no duty to the public for which it may be made responsible in an action in tort for negligence if it does not perform its contract, but the duty under its contract is only to one with which the contract is made. Marlboro Shirt Co. vs. American Dist. Tel. Co., 196 Maryland 565 (77 A.2d 776); Southern Maryland Oil Co. vs. Texas Co., (D.C.) 203 F.Supp. 449; Heckrotte vs. Riddle, 224 Maryland 591 (168 A.2d 879).'

The affidavit, dated July 21, 1965, was made by Spotswood I. Quinby 'president of Spotswood I. Quinby, Inc., a Corporation,' and recites:

'(T)hat on or about May 9, 1962, at the time of the alleged accident, he was not then the owner of the property on which the accident allegedly occurred; that he did not know the Plaintiff, Florane M. Reeves nor did he invite her or consent to her presence on the premises on which the accident is alleged to have occurred; nor was he aware of her presence on said premises.

'And, the said Spotswood I. Quinby further made oath in due form of law that he is confident (sic-'competent'?) to testify and that he makes this affidavit on personal knowledge and that the matters and facts hereintofore set forth are true and complete (sic-'correct'?).' (Emphasis and matters in parenthesis supplied).

Mrs. Reeves in her statement of points and authorities filed in opposition to the motion for summary judgment recited:

'1. That the plaintiff intends to rely on Section 77-2, Sub-Section 100.11, of the Montgomery County Code, 1960 Edition.

'2. That the plaintiff also intends to rely upon the BOCA Code which is incorporated therein as part of the laws of Montgomery County, Maryland, with specific references to Article 6, Section 600, Section 601, Section 618; Article 13, Section 1300, Section 1301, Section 1305, Section 1314, and other sections cited therein in the aforesaid code.'

Judge Shook filed no opinion giving reasons for granting the motion for summary judgment ans counsel did not move under Maryland Rule 18 c (see also Maryland Rule 564 b 2) to require the Court to file a brief statement of the grounds of the decision.

As Judge Hammond, for the Court, aptly stated in Baltimore Machine & Equipment, Inc. v. Holtite Manufacturing Co., 241 Md. 36, 38, 215 A.2d 458, 459 (1965): 'It is to be regretted that counsel did not act under Maryland Rule 564 b 2, as should always be done if an appeal is likely, and move that the trial court dictate or prepare and file '* * * a brief statement of the grounds for its decision * * *' since we are called on to decide the case on a record which contains no finding of fact and no expression of what * * * (the trial court) felt to be controlling.'

See also Houston v. Lloyd's Consumer Acceptance Corp., 241 Md. 10, 13-14, 215 A.2d 192, 194 (1962) in which Judge McWilliams, for the Court, stated: The trial judge 'did not state the grounds for his decision nor does it appear that either party filed a motion requiring him to do so. Maryland Rule 18 c. We have observed on a number of occasions (in a note Judge McWilliams cites six prior decisions of the Court of Appeals) that it might be helpful for us to know how or why the trial court reached his (or her) decision. Counsel ought not to be timid in making use of this rule nor should trial judges be annoyed with counsel for doing so, for, it will be recalled, that rule (18 c) itself is a relaxation of the former practice which required the trial judges, (except in Baltimore City and Prince George's County) in equity cases, to file an opinion in every case in which there was oral or written argument. Md. Code Anno., Art. 16, § 209 (1951). We are satisfied it would be desirable, in most cases, for such a motion to be filed whenever it becomes clear to cunsel that an appeal to this Court will be perfected.'

See also Kennedy v. Foley, Md., 222 A.2d 623, decided September 14, 1966.

We hope that the Bar will take these admonitions to heart and that the trial courts will, sua sponte, file a brief statement of the grounds of decision when an appeal to this Court is likely even though counsel do not file a motion under Maryland Rules 18 c and 564 b 2.

Counsel for Mrs. Reeves suggests in her brief in this Court that the trial court granted the motion for summary judgment on the ground 'that there was no duty owed to the general public.' Counsel for the Quinby Corporation states in its brief that the trial court based its decision on the ground that...