Cunningham v. State, et al., 0216/25

Cunningham sued the State, DJS, and DPSCS for alleged negligent medical care while he was a juvenile in custody. 1
He was arrested at age sixteen, injured his knee, and remained in State custody for over a year without the ordered follow-up care. 2
Cunningham turned eighteen on November 15, 2021, and filed suit on November 11, 2024, less than three years later. 3
The circuit court dismissed the complaint as untimely, reasoning minority tolling did not apply to the MTCA's filing requirement as a condition precedent. 4
The sole appellate question was whether CJ § 5-201's minority tolling applies to the MTCA's three-year filing deadline in SG § 12-106(b)(3). 5
The Appellate Court held the minority tolling statute does apply and reversed. 6

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does minority tolling apply to the MTCA filing deadline? 7	Cunningham said CJ § 5-201 tolls the MTCA deadline to protect minors' claims.	The State said the MTCA deadline is an untolled condition precedent.	Yes; the MTCA deadline is tolled during minority. 8
Is SG § 12-106(b)(3) only a condition precedent? 9	Cunningham relied on Higginbotham's statute-of-limitations characterization.	The State argued untimely filing defeats sovereign immunity regardless of minority.	It is both a limitations period and a condition precedent, but still tolled for minors. 10

Higginbotham v. Public Serv. Comm'n, 412 Md. 112 (Md. 2009) (MTCA's three-year filing requirement is both a statute of limitations and a condition precedent 11)
Sharafeldin v. State, 382 Md. 129 (Md. 2004) (statutory waiver deadlines can be conditions precedent that cause sovereign immunity to vanish when missed 12)
Piselli v. 75th St. Med., 371 Md. 188 (Md. 2002) (minority tolling protects minors because they cannot sue until age eighteen 13)
Peacock v. Debley, 261 Md. App. 540 (Md. App. 2024) (COVID-related judicial tolling orders do not extend the MTCA filing deadline 14)