Toscano v. Spriggs

RODOWSKY, Judge.

We issued certiorari to the Court of Special Appeals, after its unreported decision in this motor vehicle tort action, to review that court’s application of the presumption that the operator of a motor vehicle is the agent, servant or employee of its owner and is acting within the scope of such employment. In holding that the presumption had not been rebutted, the intermediate appellate court relied heavily on the presumption of permissive use, articulated in State Farm Mut. Auto. Ins. Co. v. Martin Marietta Corp., 105 Md.App. 1, 657 A.2d 1183, cert. granted, 340 Md. 268, 666…