FACTS: On February 29, 1977, plaintiff-appellant Karen B. Ghassemieh (“Ghassemieh”), an 8th grade art teacher, hurt her back when her 13-year-old student, defendant-appellee Elaine Schafer (“Schafer”), pulled her chair away as Ghassemieh sat down. Schafer testified that she did so “as a joke” and did not intend injury. After the statute of limitations for battery terminated, Ghassemieh filed a lawsuit alleging negligence. The court instructed the jury on the principles of battery and negligence, adding that if the jury found Shafer committed a battery, or neither, it must find for defendant. The defense only took exception to the definition of battery.

RULE OF LAW: Maryland requires a party objecting to a portion of omission to or failure