Gibson v. BEAVER AND SOUTHERN STATES HOWARD COUNTY PETROLEUM COOP., INC.

Broton Gibson sued Paul Beaver, the driver of a fuel oil delivery truck, and Southern States Howard County Petroleum Coop., Inc., the owner of the truck, claiming damages for a heart attack he suffered while he was pulling the delivery hose from the truck to the fuel inlet at the back of his house. Judge Mayfield sustained a demurrer to Gibson’s declaration without leave to amend, finding that it did not allege that the defendants under the circumstances had owed a duty to the plaintiff which they had breached. Gibson moved for a rehearing under Maryland Rule 625, claiming that the…