Doehring v. Wagner

I respectfully dissent from the majority’s conclusion that, as a matter of law, appellee’s actions of erecting a chain across their right-of-way at night without any warning signs or reflectors does not constitute willful or wanton misconduct.

As the majority notes, the function of a summary judgment procedure is not to try the case or decide the issues of fact raised, rather it is merely to determine whether there are issues of fact to be tried and if there are none, to render judgment. Brewer v. Mele, 267 Md. 437, 298 A.2d 156 (1972); DeGroft v. Lancaster Silo Co., 72 Md.App. 154, 527 A.2d…