Wooldridge v. Price
966 A.2d 955, 2009 Md. App. LEXIS 21, 184 Md. App. 451 (2009)
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Rule of Law:
Under Maryland law, a skateboard is considered a “vehicle,” making its rider an “unfavored driver” subject to the boulevard rule’s duty to stop and yield the right-of-way when entering a highway from a private driveway; failure to do so constitutes contributory negligence that bars recovery unless the last clear chance doctrine applies, which requires a sequential, not concurrent, opportunity for the defendant to avoid the harm.
Facts:
- On July 15, 2006, Robert H. Wooldridge, Jr. (the decedent), age 44, was riding his skateboard in the neighborhood where he lived.
- The decedent had been riding his skateboard down the driveway of his in-laws’ house, across the street from his own house, and up his own driveway.
- Richard and Linda Price were traveling south on Sweetbriar Parkway, a public street, at 15 miles per hour.
- The decedent, while on his skateboard, traveled from his in-laws’ driveway into Sweetbriar Parkway, apparently to cross to his own driveway, approaching the Prices’ car from the left, driver’s side.
- The Prices’ vehicle struck the decedent in the middle of Sweetbriar Parkway, causing injuries from which he died.
- According to the Prices, Mr. Price was driving, and Mrs. Price was looking into her purse; Mr. Price saw the decedent come out of the driveway at a rapid speed, crouched, and fall in front of their car, prompting him to apply brakes and try to turn right immediately.
- According to Valerie Wooldridge’s sister, Jennifer Raymond, and mother, Jaclyn Leimbach, who arrived seconds after the crash, Mrs. Price was seen holding car keys and getting out of the driver’s side, or walking around the driver’s side, while Mr. Price was seen in the passenger seat.
Procedural Posture:
- Valerie Wooldridge, as the decedent’s surviving wife and personal representative, brought a wrongful death and survival action against Richard Price and Linda Price in the Circuit Court for Montgomery County.
- After discovery was undertaken, Richard and Linda Price moved for summary judgment.
- The Circuit Court for Montgomery County issued a memorandum opinion and order granting summary judgment in favor of the Prices.
- Valerie Wooldridge filed a timely notice of appeal to the Court of Special Appeals of Maryland.
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Issue:
Does a skateboard constitute a “vehicle” under the Maryland Transportation Article, thereby subjecting its rider to the boulevard rule as an “unfavored driver” and to contributory negligence as a matter of law for failure to stop and yield right-of-way when entering a highway, and if so, can the doctrine of last clear chance apply to overcome such contributory negligence when the collision is nearly instantaneous?
Opinions:
Majority - Deborah S. Eyler
Yes, a skateboard constitutes a “vehicle” under Maryland’s Transportation Article, subjecting its rider to the boulevard rule and rendering the decedent contributorily negligent as a matter of law. No, the doctrine of last clear chance does not apply under these facts. No, the identity of the driver is not a material fact precluding summary judgment. The court affirmed the circuit court’s grant of summary judgment, finding that a skateboard fits the statutory definition of a “vehicle” (TR § 11–176(a)(1) as any device by which an individual might be transported on a highway), and therefore the decedent, as a “driver” of a vehicle, was an “unfavored driver” under the boulevard rule (TR § 21–404). As such, he had a duty to stop and yield the right-of-way before entering Sweetbriar Parkway from a private driveway. The court found it undisputed that the decedent failed to stop and yield, thereby making him contributorily negligent as a matter of law. The court rejected the argument that the decedent became a “pedestrian” by falling off the skateboard, noting he was never “afoot” as defined by statute. The court further held that the doctrine of last clear chance was inapplicable because the collision happened almost instantaneously after the decedent’s negligent entry, meaning any alleged negligence by the Prices was concurrent with, rather than sequential to, the decedent's negligence, providing no “fresh opportunity” for them to avoid the accident. Finally, the court concluded that the factual dispute over the driver’s identity was not material because, regardless of who was driving, the decedent’s contributory negligence and the inapplicability of the last clear chance doctrine barred recovery, thus not affecting the outcome of the case.
Analysis:
This case significantly broadens the application of Maryland's 'boulevard rule' and definition of 'vehicle,' clarifying that even non-motorized devices like skateboards are subject to the strict duties of an 'unfavored driver' when entering a highway. It reinforces Maryland's adherence to the strict contributory negligence rule, highlighting the difficulty for plaintiffs to recover if they are found even minimally at fault. Furthermore, the opinion provides a clear illustration of the narrow circumstances under which the last clear chance doctrine can apply, requiring a distinct temporal separation and a 'fresh opportunity' for the defendant to act, thus limiting its use in 'instantaneous' accident scenarios.
