Holzhauer v. Saks & Co.

CHASANOW, Judge.

The United States District Court for the District of Maryland has certified the following three questions to this Court pursuant to the Maryland Uniform Certification of Questions of Law Act, Maryland Code (1974,1995 Repl.Vol., 1996 Supp.), Courts & Judicial Proceedings Article, §§ 12-601 through 12-613, and Maryland Rule 8-305.

1. Do Appellant’s allegations with respect to negligence amount to a waiver of res ipsa loquitur, as in Dover Elevator Co. v. Swann, 334 Md. 231, 638 A.2d 762 (1994)?

2. If not, does the doctrine of res ipsa loquitur apply under the facts thus far…