Ballantine v. Unsatisfied Claim & Judgment Fund

We must decide in this case whether a victim of am automobile accident who neglected to sue one of two joint, tortfeasors will nevertheless be allowed to recover from the Unsatisfied Claim and Judgment Fund (Fund) pursuant to Art. 66%, § 160 of the Maryland Code. The short answer is that he will not.

Appellant (Ballantine) was a passenger in a car driven, by his friend Shaw on the evening of November 16, 1968. Shaw’s auto collided with a truck operated by one Rex. Bobbitt and which Bobbitt had parked on the shoulder of U. S. Route 1A in Harford County in such a manner that part of the truck…