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Tag Archives: Maryland Tort Claims Act

Md. high court will weigh constitutionality of cap in state tort claims

Maryland’s top court will consider whether the limit on damages in personal injury lawsuits against the state passes constitutional muster when the injured plaintiff’s costs far exceed the statutory cap.

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Md. court weighs state’s liability when defending employees, immunizing itself

ANNAPOLIS – Maryland must be held liable for the full damages awarded when it defends a sued state employee who is later found liable for gross negligence on the job, a plaintiffs’ lawyer told Maryland’s top court Tuesday in seeking ...

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High court weighs guard’s liability in prison bus killing

Prison guards cannot be held personally liable for deaths occurring on their watch unless they intended harm, an attorney for Maryland said Wednesday in urging the state’s top court to find a correctional officer immune from liability in one prisoner’s strangulation of another on a prison bus headed to Baltimore.

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General Assembly raises tort claims damages caps

The General Assembly passed legislation in the final hour of its 2015 session to raise to $400,000 the liability cap for state, county and local governments for negligent acts that injure people. The legislature also increased to $800,000 the cap on a county or local government’s liability on any single claim, regardless of the number of plaintiffs.In addition, individuals injured through the negligence of county or city employees will have up to one year from the date of their injury to notify the locality of their intention to sue.

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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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