Mitchell v. Housing Authority
200 Md. App. 176
Md. Ct. Spec. App.2011Background
- Mitchell lived at a HABC-owned premises (1011 Valley Street) with his mother and grandmother from birth to 1990, exposing him to lead-based paint.
- Mitchell had a first elevated blood-lead level on April 3, 1989, with ongoing positive tests thereafter.
- Mitchell filed suit on April 3, 2008, alleging negligence and Maryland Consumer Protection Act violations against HABC.
- HABC answered and raised the Local Government Tort Claims Act (LGTCA) notice requirement as a defense.
- HABC moved for summary judgment on September 8, 2009, attaching Mitchell’s interrogatory answers, a deposition, an HABC affidavit, and lead-level records.
- The circuit court granted summary judgment, finding the LGTCA notice requirement barred Mitchell’s claim; Mitchell appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does LGTCA notice apply to claims against HABC? | Mitchell argues Brooks abrogated LGTCA applicability to HABC. | HABC contends Brooks did not address LGTCA and that LGTCA notice still applies. | LGTCA notice applies to Mitchell’s claim against HABC. |
| Was the circuit court required to consider good cause for late notice under LGTCA? | Mitchell claims the court failed to consider his evidence of good cause. | HABC argues discretion to waive lies with showing of no prejudice; good cause exists only if shown. | Court did not abuse discretion; no reversible good-cause finding. |
| Did HABC waive its LGTCA notice defense by delay in raising it? | Waiver cannot arise; notice is a condition precedent and defense timely raised. | No waiver; defense timely raised and dispositive. |
Key Cases Cited
- Brooks v. HABC, 411 Md. 603 (2009) (Overruled Jackson on housing authorities’ immunity; affects waiver of immunity, not LGTCA notice.)
- HABC v. Bennett, 359 Md. 356 (2000) (Held LGTCA damages cap not directly applicable to direct actions against housing authorities; led to 2001 amendment.)
- Williams v. Maynard, 359 Md. 379 (2000) (Affirmed broad application of LGTCA notice to actions against local governments and waivers arising under other statutes.)
- Rios v. Montgomery County, 386 Md. 104 (2005) (Established governing good-cause standard and prejudice considerations for LGTCA waivers.)
- Longtin, 419 Md. 450 (2011) (Discussed good cause and prejudice; distinguished from delayed-notice cases like this one.)
- Jackson v. Housing Opportunities Commission of Montgomery County, 289 Md. 118 (1980) (Initial ruling that housing authorities had limited immunity; later revised in Bennett/Brooks.)