Board of Education v. Marks-Sloan
30 A.3d 1026
Md. Ct. Spec. App.2011Background
- The Board of Education employee Norman Iglehart, while driving a Board-owned bus, caused an accident injuring a fellow Board employee, Stephanie Marks-Sloan.
- Marks-Sloan previously received workers’ compensation for a work-related injury arising from the same accident.
- Marks-Sloan sued Iglehart and the Board for negligence; the County settled with Marks-Sloan’s claim against the County.
- The circuit court denied summary judgment as to Iglehart but granted it as to the Board, with dismissal terms to indemnify Iglehart.
- A final order entered judgment against the Board and Iglehart for $100,000, with Iglehart dismissed from the action; post-judgment motions and appeals followed.
- The central issue is whether CJ § 5-518 grants immunity to a Board employee or instead indemnifies the employee by requiring the Board to satisfy judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does CJ 5-518 grant personal immunity from suit to a Board employee? | Marks-Sloan (plaintiff) argues employees are immune from suit. | Iglehart/Board argue immunity is not absolute; Board must indemnify. | No personal immunity; statute provides indemnification and Board must satisfy judgments. |
| What is the protective scope of 5-518(e) and (h) for a Board employee? | Employee is fully protected from damages and suit. | Employee is not personally liable; Board bears judgment responsibility. | Employee is not personally liable; judgment levied against Board only. |
| Is CJ § 5-518's scheme akin to Local Government Tort Claims Act or Maryland Tort Claims Act? | Treat as Maryland Tort Claims Act-like immunity. | Treat as Local Government Tort Claims Act-like indemnification by Board. | Statute aligns with indemnification by the Board (Local Government model). |
Key Cases Cited
- DiPino v. Davis, 354 Md. 18 (1999) (Local Government Act requiring employer to satisfy judgments against employees)
- Hill v. Knapp, 396 Md. 700 (2007) (workers’ comp excludes employer actions against co-employees)
- Smith v. Danielczyk, 400 Md. 98 (2007) (State personnel immunity under Maryland Tort Claims Act)
- Am. Radiator & Standard Sanitary Corp. v. Mark Eng’g Co., 230 Md. 584 (1963) (employers may contract indemnity beyond compensation limitations)
- Hauch v. Connor, 295 Md. 120 (1983) (co-employee negligence actions allowed with compensable WC claim)
- Kortobi v. Kass, 410 Md. 168 (2009) (statutory interpretation under read-the-whole-act principle)
- Lonaconing Trap Club, Inc. v. Md. Dep’t of Env’t, 410 Md. 326 (2009) (statutory construction to discern legislative intent)