Recently, a state appellate court issued a written opinion in a personal injury cases discussing an important issue that frequently arises in Maryland car personal injury cases that name a government employee or entity as a defendant. The case required the court to determine if the plaintiff’s case against a police officer and the city that employed the officer could proceed to trial over the defendants’ claim that they were immune from liability under the state’s tort claims act.
Ultimately, the court concluded that the officer’s conduct at the time of the accident was within the scope of his duty and, while it may have been negligent, was not “reckless.” Thus, immunity was appropriate for both the individual officer and the city.
The Facts of the Case
The defendant police officer received a call that an intoxicated person was lying unconscious on the sidewalk outside a Days Inn. The officer hastily responded to the call, and cut through a parking lot on his way to the scene.