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Williams v. Maynard6/6/2000
TCA indicate that the LGTCA's notice requirement is applicable to actions authorized by other statutory waivers of governmental immunity such as the motor vehicle statute. The legislative history shows that the LGTCA incorporated, with modifications not relevant to the issue before us, the longstanding notice requirement which had existed since 1941. This notice requirement had been applied to tort actions pursuant to statutory waivers of governmental immunity like that contained in the motor vehicle statute. Furthermore, the language of § 5-304(a) explicitly states that the notice requirement applies to any action for unliquidated damages "brought against a local government." The only actions which can be brought directly against a local government are those authorized by law which is separate and distinct from the LGTCA. This contrasts with the language in § 12-106(b) of the Maryland Tort Claims Act which states that a "claimant may not institute an action under this subtitle" unless he or she first submits a claim to the State. (Emphasis supplied). As the LGTCA does not waive governmental immunity or otherwise authorize any actions directly against local governments, the language of § 5-304 quoted above could have no effect if the notice requirement did not extend to actions authorized by law other than the LGTCA, e.g. by statutes such as the motor vehicle statute in §§ 17-107(c) and 5-524.
In sum, the relationship between the Maryland Tort Claims Act and other statutes waiving the State's sovereign immunity is quite different from the relationship between the LGTCA and statutes waiving local governmental immunity. Because of the difference between the two tort claims acts, the decision in State v. Harris, supra, 327 Md. 32, 607 A.2d 552, has no application to the present case.
The longstanding notice requirement pertaining to tort actions against local governments, currently set forth in § 5-304 of the LGTCA, applies to an action for unliquidated damages brought against Montgomery County pursuant to § 17-107(c) of the Transportation Article and §5-524 of the Courts and Judicial Proceedings Article.
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. COSTS TO BE PAID BY THE PETITIONER.
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