Caps & Immunities
Maryland Tort Claims Act (MTCA) Provides the waiver of sovereign immunity of the state in cases of tortuous acts or omissions committed in scope of public duties of state personnel.
Notice Requirement/ Statute of Limitations
Liability Exclusions & Exceptions to Exclusions
Recovery Caps/ Attorney’s Fees Restrictions
Written claim MUST be submitted to the State Treasurer within ONE (1) year of the date of injury. Md. Code State Gov. Art. 12-106. Lack of STATUTORY NOTICE is an automatic bar to Plaintiff ’s claim. Williams v. Maryland Dept of Human Resources, 136 Md App 153, 764 A.2d 351 (2000).
Claims filed against Maryland Transportation Authority (MTA) must be submitted in writing to the Authority’s Administrator within ONE (1) year of the date of injury. Md. Trans. Art. 7-702.
EXCLUSION TO MTCA: Does not apply to acts committed or omitted by State with gross negligence or malice.
Attorney’s fees are capped at 20% of any settlement and 25% of any judgment. Md. Code, State Gov. Art. 12-109.
Non-Economic damage cap of $200,000 per claimant per injury. Md. Code State Gov. Art. 12-104. Local Government Tort Claims Act (LTCA)
Provides the waiver of sovereign immunity of local county employees in cases of tortuous acts or omissions in scope of public duties of county personnel.
Notice Requirement/ Statute of Limitations
Claimant has ONLY one hundred and eighty (180) days to provide notice to the government entity. Md. Code, Cts. & Jud. Pro. Art. 5-304(b)(1).
Child’s minority DOES NOT (in it of itself) toll the 180 day notice period. Rios v Montgomery County, 386 Md. 104, 872 A.2d 1 (2005).
Carefully review Md. Code, Cts. & Jud. Pro. Art. 5-304(b) and 5-301(d) to ensure proper notice is issued to the proper entity.
Notice is REQUIRED for claims against government tortfeasors acting OUTSIDE the scope of employment AND claims for intentional torts and state constitutional violations. Chapelle v Carter, 162 Md. App. 163, 873 A.2d 458 (2005).
Liability Exclusions & Exceptions to Exclusions
EXCEPTION:
Suit against the Baltimore City Police requires compliance with BOTH LTCA and MTCA. Baltimore City Police Dept v Cherkes, 140 Md. App. 282, 780 A.2d 410 (2001).
Statutory Common Law Immunity for Emergency Vehicles
Md. Code Cts. & Jud. Pro. Art. 5-639(b). Applies to emergency service providers when responding to an emergency call, pursuing a violator or suspected violator, or responding to an alarm. Md. Code. Transportation Art. 19-103(a)(3)
Liability Exclusions & Exceptions to Exclusions
EXCLUSIONS:
Operators of fire and rescue vehicles have immunity UNLESS the acts are willful or grossly negligent. MD Code Cts. & Jud. Pro. Art. 5-604 (1973)
Arguments regarding applicability focus on examination of whether or not the vehicle was involved in an “emergency situation” or whether the individual was “engaged” in rescue/pursuit activities.
Common Law Public Official Immunity
Md. Code Cts. & Jud. Pro. Art. 5-507. Applies to officials of a municipal corporation, acting without malice and within the scope of employment or authority.
Liability Exclusions & Exceptions to Exclusions
EXCEPTIONS:
1. Not immune from liability for negligence or any other tort arising from the operating of a motor vehicle except as to any claim in excess of limits of applicable policy. Md. Code Cts. & Jud. Pro. 5-507.
2. Does not apply to police officers, see case law regarding immunity for Emergency Vehicles. Trial Reporter / Spring 2011 35
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