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Callahan v. Bowers3/13/2000
gence was not a claim raised in the case sub judice. The court's opinion makes no finding of gross negligence. The footnote does not constitute separate grounds for denial of the motion; it is merely dicta that includes an anticipated argument and is not binding on the court. Accordingly, whether gross negligence provides an alternative basis for denying summary judgment is not before us. In view of our reversal of the court's ruling on qualified immunity, appellees may raise the issue of whether appellant's actions constitute gross negligence on remand.
JUDGMENT OF THE CIRCUIT COURT FOR BALTIMORE COUNTY REVERSED; CASE REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
COSTS TO BE PAID BY APPELLANT.
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