Kopitzki v. Boyd

*498 Murphy, C. J.

dissenting:

While the Court has properly identified the issue, i.e., “whether this is the ‘rare’ case where the question whether Kopitzki’s negligence was a proximate cause of Mrs. Boyd’s injury was properly submitted to the jury,” it has erred in concluding that it was such a case; I, therefore, respectfully dissent.

We noted in Creaser v. Owens, 267 Md. 238, 297 A. 2d 235 (1972), that when the boulevard rule is applicable, the unfavored driver who fails to yield the right-of-way is negligent as a matter of law and is the sole proximate cause of the collision except in the rare…