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Keywords

lawsuittortattorneynegligenceappealsummary judgment

tortnegligencestatuteappealsummary judgment

Related Cases

Barbre v. Pope, 402 Md. 157, 935 A.2d 699

Facts

On March 17, 2004, Deputy Sheriff Mark Barbre attempted to stop a truck driven by Andrew Pope, III. When Pope did not stop, Barbre followed him to his home, where Pope exited his vehicle with his hands raised in surrender. Barbre, with his gun drawn, shot Pope in the neck. Five months later, Pope's attorney sent a notice of claim to a Queen Anne's County Commissioner, which was intended to comply with the Maryland Tort Claims Act. Pope subsequently filed a lawsuit against Barbre and Queen Anne's County, alleging violations of his rights and battery.

As alleged in the various complaints filed in the instant matter, on March 17, 2004, at approximately 12:30 p.m., Deputy Sheriff Mark Barbre of the Queen Anne's County Sheriff's Office attempted to stop a truck driven by Andrew Pope, III.

Issue

Did Pope's notice of claim to the Queen Anne's County Commissioner comply with the notice requirement of the Maryland Tort Claims Act, and were the allegations against Deputy Sheriff Barbre sufficient to preclude summary judgment?

Did the Court of Special Appeals err in holding that Pope's Notice of Claim to Queen Anne's County did not substantially comply with § 12–106 of the Maryland Tort Claims Act?

Rule

Under the Maryland Tort Claims Act, a claimant must submit a written claim to the State Treasurer or a designee within one year after the injury. Additionally, if a claimant alleges malice or gross negligence against state personnel, the notice requirement may not apply.

Under the MTCA, Barbre, as a Deputy Sheriff of Queen Anne's County, is classified as 'state personnel.'

Analysis

The court determined that Pope's notice to the County Commissioner did not meet the statutory requirements of the Maryland Tort Claims Act, as it was not directed to the State Treasurer or an authorized designee. However, the court found that the allegations in Pope's complaints were sufficient to allege malice or gross negligence against Barbre, which allowed the claims against him to proceed despite the notice issue.

We hold that Pope's notice delivered to the Queen Anne's County Commissioner did not expressly, nor substantially, comply with the MTCA.

Conclusion

The Court of Appeals affirmed the lower court's dismissal of claims against the State and Queen Anne's County, but reversed the summary judgment in favor of Barbre, allowing the case against him to continue based on the allegations of malice and gross negligence.

We also hold, however, that the allegations of Pope's complaints were sufficient to allege malice or gross negligence to preclude summary judgment under the MTCA on behalf of Barbre.

Who won?

The prevailing party was Andrew Pope, III, in that the court allowed his claims against Deputy Sheriff Barbre to proceed based on sufficient allegations of malice and gross negligence.

The intermediate appellate court, in Pope's favor, however, determined that the MTCA statute did not apply to the claims asserted against Barbre individually because Pope had alleged that Barbre acted with 'malice or gross negligence.'

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