Franklin & Prokopik, P.C.Franklin & Prokopik, P.C.
  • People
    • Attorneys
    • Management
  • Practice Areas
    • Services
    • Industries
  • Locations
  • Resources
    • Programs
    • Webinars On-Demand
    • Legal Insights
    • Resource Materials
  • About F&P
    • About Us
    • F&P News
    • Associations & Organizations
    • Locations
    • Corporate Social Responsibility
  • Careers
    • Current Openings
    • Working at F&P
  • Contact
    • Contact Us
    • Emergency Response Team
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu
TOPICS
Labor & Employment
Liability
Business & Corporate
Transportation
Workers' Compensation
View All 2026
ARCHIVE
Labor & Employment
Liability20242025
Business & Corporate
Transportation20242025
Workers' Compensation20242025
Transportation
Summer 2018

Imputed Contributory Negligence: Seaborne-Worsley v. Mintiens

/in Transportation /by Imputed Contributory Negligence: Seaborne-Worsley v. Mintiens

Maryland is in the minority of states which apply the legal doctrine of contributory negligence. Under this standard, when a plaintiff’s failure to exercise ordinary care is a proximate cause of the plaintiff’s injuries in any way, the plaintiff is barred from recovery, regardless of whether the defendant’s negligence was also a proximate cause of the plaintiff’s injuries. A recent decision handed down by the highest court in Maryland significantly alters the manner in which a defendant can utilize this defense through a reformation of the doctrine of imputed negligence.

In Seaborne-Worsley v. Mintiens, the Court of Appeals of Maryland examined the doctrine of imputed negligence. In that case, the owner-passenger Plaintiff filed suit against the defendant for bodily injuries sustained in an automobile collision in a parking lot. The plaintiff was a passenger in the vehicle that she owned which was driven by her husband. Plaintiff’s husband had not parked the vehicle in a spot, instead parking it behind, and perpendicular to, the defendant’s vehicle. Defendant’s vehicle backed out and the collision took place. At trial, the defendant argued that the plaintiff’s husband was contributorily negligent, and as such, said negligence should be imputed to the plaintiff. The court ultimately agreed and entered judgment in favor of the defendant. Following the appeal process, the case was heard by the Court of Appeals of Maryland.

Under the classic formulation of the doctrine of imputed negligence, when the owner of a vehicle is a passenger in that vehicle and allows another person to drive, any negligence of the operator of the vehicle may be attributed to the owner. The doctrine is based on the presumption that the owner, although not at the wheel, is in control of the vehicle, or at least has the right to exert control.

The Court of Appeals of Maryland in Seaborne-Worsley considered whether, assuming the plaintiff’s husband was in fact negligent, whether said negligence could be imputed to the plaintiff. The Court of Appeals ultimately held that said negligence could not be imputed to the plaintiff. The Court stated that the original purpose of the doctrine of imputed negligence was “to extend liability to the owner of this marvel of modern technology was seen as necessary for ensuring compensation for an injured innocent party and for spreading risk.” The Court argued against the application of the doctrine in modern day legal matters stating “the doctrine of imputed negligence, created out of a ‘felt necessity’ for compensating innocent victims of automobile accidents, has lost much of its reason for being while weaknesses in its theoretical foundation have been exposed.”

Therefore, the Court stated it “will no longer indulge a presumption that an owner-passenger who was injured in an automobile accident had operational control over a permissive driver of the vehicle and is therefore responsible for any negligence of the driver.” As such, the Court affirmatively held the doctrine of imputed negligence does not apply to deem an owner-passenger of a motor vehicle contributorily negligent based on the negligence of a permissive driver of the owner-passenger’s vehicle and bar the owner-passenger from recovering compensation from a negligent third party.

Ultimately, this case highlights the potential issues in litigating cases where the plaintiff is a passenger in their own vehicle which is involved in an accident. Based on this ruling, gone are the days that a defendant cannot rely on the presumption that the contributory negligence of a permissive drive is imputed to an owner-passenger injured in an accident. As such, this presents defendants to potential exposure for an owner-passenger where such exposure may not have existed in the past.

For more information about this article, please contact Patrick Wachter at 410.230.3633.

https://www.fandpnet.com/wp-content/uploads/2018/07/carbump.jpg 333 500 Janessa Shaikun https://www.fandpnet.com/wp-content/uploads/2025/11/FP_Web.png Janessa Shaikun2018-07-13 12:15:382018-07-19 11:27:31Imputed Contributory Negligence: Seaborne-Worsley v. Mintiens

SHARE

SUBSCRIBE TO NEWS & INSIGHTS

Subscribe to our mailing list to receive occasional updates, insights, and program information. Subscribe

Locations

Baltimore, MD

2 North Charles St
Suite 600
Baltimore, MD 21201
410.752.8700

Easton, MD

111 North West Street
Suite 200
Easton, MD 21601
410.820.0600

Hagerstown, MD

1101 Opal Court
Hub Plaza, Suite 210
Hagerstown, MD 21740
301.745.3900

Herndon, VA

2325 Dulles Corner Boulevard
Suite 1150
Herndon, VA 20171
703.793.1800

Newark, DE

800 Creek View Road
Suite 300
Newark, DE 19711
302.594.9780

Richmond, VA

5516 Falmouth Street
Suite 203
Richmond, VA 23230
804.932.1996

Copyright © 2026 Franklin & Prokopik, P.C.

All Rights Reserved All Logos & Trademark Belongs To Their Respective Owners

Sitemap  |  Privacy Policy

  • Link to LinkedIn
  • Link to Facebook
  • Link to Mail
Scroll to top Scroll to top Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

OKLearn more

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Accept settingsHide notification only