Nelson v. Carroll
Maryland Court of Appeals
735 A.2d 1096 (1999)
- Written by Craig Conway, LLM
Facts
Nelson (plaintiff) filed suit against Carroll (defendant) for battery, after Carroll shot Nelson in the stomach during an altercation in a nightclub over a $3,800 debt Nelson owed Carroll. At trial, a witness for the defense testified that when Nelson did not give Carroll the money, Carroll hit Nelson on the side of the head with the handgun. The witness further testified that when Nelson did not respond, Carroll went to hit Nelson again, and the gun discharged. The trial court held for Carroll. Nelson filed a motion for a judgment notwithstanding the verdict. The trial court denied the motion. Nelson appealed. The Maryland Court of Special Appeals agreed with the trial court and held that Nelson failed to properly make the motion with the degree of particularity required by state court rules. The Maryland Court of Appeals granted certiorari to review.
Rule of Law
Issue
Holding and Reasoning (Chasanow, J.)
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