Hartford Insurance Co. v. Manor Inn of Bethesda Inc.6/9/1994
e it unlocked with the keys in the ignition, and that Griffin would steal the van and drive it negligently, causing an accident." The State's brief at 5.
Like the Court of Special Appeals, Manor Inn argues that it was Griffin's conduct in driving the van negligently, not its negligence in leaving the van unattended, that was the proximate cause of Wewer's injury . Therefore, it asserts, Griffin's negligence constituted an independent intervening cause which was not foreseeable and which relieved it of liability for Wewer's injuries.
III.
The purpose of the summary judgment procedure is to decide whether there is an issue of fact sufficiently material to be tried, not to try the case or to resolve factual disputes. Gross v. Sussex, Inc., 332 Md. 247, 255, 630 A.2d 1156, 1160 (1993). See Foy v. Prudential Insurance Company of America et al., 316 Md. 418, 422, 559 A.2d 371, 373 (1989); Coffey v. Derby Steel Company, 291 Md. 241, 247, 434 A.2d 564, 568 (1981). Thus, the review of the grant of summary judgment involves the determination whether a dispute of material fact exists, Gross, 332 Md. at 255, 630 A.2d at 1160; Beatty v. Trailmaster, 330 Md. 726, 737, 625 A.2d 1005, 1011 (1992), and "whether the trial court was legally correct." Heat & Power Corporation v. Air Products & Chemistry, Inc., 320 Md. 584, 591, 578 A.2d 1202, 1206 (1990) (citations omitted). Pursuant to Maryland Rule 2-501(e), therefore, when the motion and response show that there is no genuine dispute as to any
material fact and that the moving party is entitled to judgment as a matter of law, the trial court shall enter summary judgment for the moving party forthwith. Gross, 332 Md. at 255, 630 A.2d at 1160. The determination whether a genuine dispute of material fact exists and, if not, what the ruling of law should be, requires the reviewing court to resolve all inferences to be drawn from the pleadings, admissions, and affidavits, etc. against the moving party. Id. at 256, 630 A.2d at 1160. "In other words, all inferences must be drawn against the moving party when determining whether a factual dispute exists, even when the underlying facts are undisputed." Id.
There are cases of this Court that hold that a trial court may enter summary judgment on its own motion. Hollander v. Lubow, 277 Md. 47, 51, 351 A.2d 421, 423 (1976) (summary judgment can be entered in favor of all the defendants even when a motion was made by only one of them); Preissman v. Harmatz, 264 Md. 715, 721, 288 A.2d 180, 184 (1972) ("a court may enter summary judgment on its own motion when there is no genuine dispute as to a material fact"); Myers v. Montgomery Ward Company, 253 Md. 282, 290, 252 A.2d 855, 860 (1969); Hunt v. Montgomery County, 248 Md. 403, 411, 414, 237 A.2d 35, 39, 40 (1968); Fletcher v. Flournoy, 198 Md. 53, 57, 81 A.2d 232, 233 (1951). Those cases were decided prior to this Court's adoption of Rule 2-501. That Rule, adopted April 6, 1984, effective July 1, 1984, provides that "any party may file at any time a motion for summary judgment," Maryland Rule 2-501(a), and that "the court shall enter judgment in favor
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