Tag Archives: Local Government Tort Claims Act

Zirkin says he has no interest in splitting difference in damages cap

The chair of the Senate Judicial Proceedings Committee said Friday he has no intention of settling for the mathematical middle ground between Senate- and House-passed legislation to raise the liability cap for state, county and local governments for negligent acts that injure people. The Senate's higher limit of $500,000 per harmed individual provides more appropriate compensation than the House's $300,000 limit, said Sen. Robert A. "Bobby" Zirkin, D-Baltimore County, although he said even the Senate limit is still woefully inadequate.

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Court considers damages cap in police-shooting death

Timothy Maloney argued that the family of a man shot by police should get the $11.5 million a jury awarded, not the $400,000 permitted under a cap on damages (Daily Record photo/file)

The Maryland legislature never intended to cap the financial compensation available for victims of egregiously unconstitutional police misconduct, a lawyer for the family of a man killed by an off-duty Prince George’s County officer told the state’s top court Monday.

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Baltimore City, on Arrington’s behalf, filed, in response, a motion to dismiss, relying on a provision of the Local Government Tort Claims Act (“LGTCA”), which prohibits a local government employee from suing “a fellow employee for tortious acts or omissions committed within the scope of employment,” if the injury sustained by the local government employee is “compensable under the Maryland Workers’ Compensation Act.

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The County sought a declaration that it is not liable for the judgment against its Burgess, as it ordinarily would be under the LGTCA, because she did not cooperate in defending the action. The circuit court found the County liable for the judgment. The County appeals.

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The circuit court dismissed Bridget Sye-Jones’s tort claims due to lack of compliance with the notice requirement of the Local Government Tort Claims Act (“LGTCA”). On appeal, Sye-Jones asks: 1. Whether the circuit court erred when it dismissed Sye-Jones’s tort claims for failure to comply with the LGTCA notice requirement. 2. Whether the circuit court erred when it dismissed Sye-Jones’s breach of contract claim on the basis that it was time-barred.

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Md. top court to revisit damages in police-shooting death

In a case that could greatly raise the liability stakes for cities and counties across Maryland, the state’s highest court will decide how much Prince George’s County owes the family of a man who was killed by a police officer: the $11.5 million a jury awarded, or the $400,000 the judge ultimately ordered.

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Law digest: 8/15/11

MARYLAND COURT OF APPEALS Contract Law, Waiver of conditions precedent: A party may waive, by its actions or statements, a condition precedent in a contract, even when that contract has a non-waiver clause; however, whether defendant’s actions amounted to a ...

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