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2002 FINAL STATELEGISLATIVE PROGRAM CONTROVERSIAL ISSUE ISSUE: MARYLAND TORT CLAIMS ACT SUMMARY: The Maryland Tort Claims Act was enacted in 1981, and amended in 1985, 1989, 1992, 1994, 1995 and 1999 to provide citizens injured by the State with a remedy for compensation, while at the same time protecting state employees from the threat of a multitude of lawsuits. Prior to enactment of this legislation a tort victim could not sue the State because of the sovereign immunity doctrine, and had no recourse but to sue the state employee responsible for the tortuous act. In the amended version of the Maryland Tort Claims Act, the State has waived its immunity under certain circumstances and limits awards up to a specific monetary ceiling. For example, in cases involving ordinary negligence, the State may be sued; whereas, in actions involving gross negligence, the state employee is liable. In 1994, legislation was successful to overrule a Court of Appeals decision (Leppo v. State Highway Administration) that held that the 180 day written notice of claim requirement applied to third party claims. The statute adds third party claims to cross-claims and counterclaims as types of claims exempted from the limit. In 1995, the 180 day written notice provision was extended to one year and the limit was raised to $100,000 per individual claim. In 1997, language was added to the Maryland Tort Claims Act reversing a 1989 change and thereby provided coverage to personnel in State offices that are funded by local governments (e.g. state attorneys, Circuit Court employees, Orphans’ Court judges). There were no changes in the Maryland Tort Claims Act proposed in 1998. In 1999, the limit was raised to $200,000 thus making the State Tort Claims Act cap consistent with that of the Local Tort Claims Act. No changes to the Act passed in 2000 or 2001. MSBA 2002 POSITION: Support legislation that makes the cap in tort cases involving the state consistent with the limit in local government suits. Monitor other bills that would modify the Maryland Tort Claims Act and oppose any additional restrictions on a citizen's right to sue. SAMPLE LEGISLATION:
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