23 A.3d 897
Md. Ct. Spec. App.2011Background
- Ashley Tollenger died in a 2001 motor vehicle collision on the Thomas J. Hatem Memorial Bridge; plaintiff sues the State and its agencies for negligent design/maintenance of highway safety features.
- The bridge lacked a median barrier before the accident; past incidents and a safety history included several cross-over collisions in the prior decade.
- A 2000 Maryland Transportation Authority Safety Committee considered barrier options; a temporary concrete barrier was proposed but the project was tabled due to concerns about lane narrowing.
- After the accident, a jersey barrier project was approved (Aug. 2001 request; construction began Jan. 17, 2002 and completed 49 days later).
- Tollenger filed suit in 2004 asserting the State had a duty to install safety barriers and that its failure proximately caused Tollenger’s death.
- In 2009, the circuit court granted summary judgment for sovereign immunity; the Court of Special Appeals reversed, holding MTCA waives immunity and bars an implied discretionary exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MTCA waives immunity for discretionary planning decisions | Tollenger argues MTCA provides a broad waiver with no implied discretionary exception shielding pre-accident decisions. | State relies on James and Parker to support an implied exception for discretionary policy decisions authorized by statute. | MTCA waives immunity; no implied discretionary exception bars Tollenger. |
Key Cases Cited
- Kee v. State Highway Admin., 313 Md. 445, 545 A.2d 1312 (1988) (MTCA coverage and historical context for waivers)
- Card v. State, 104 Md. App. 439, 656 A.2d 400 (1995) (State liability for defective State property; retroactivity discussed)
- Proctor v. Washington Metro. Area Transit Auth., 412 Md. 691, 990 A.2d 1048 (2010) (MTCA waiver scope and damages; comprehensive view of immunity)
- James v. Prince George's County, 288 Md. 315, 418 A.2d 1173 (1980) (discretionary governmental functions and immunity context)
- Parker v. State, 337 Md. 271, 653 A.2d 436 (1995) (judicial immunity and MTCA interaction with municipal liability)
- Lee v. Cline, 384 Md. 245, 863 A.2d 297 (2004) (statutory MTCA interpretation; no judicial-created exceptions)
- Whalen v. Mayor & City Council of Baltimore, 395 Md. 154, 909 A.2d 683 (2006) (municipal immunity in governmental park maintenance context)