GARDNER v. STATE

No. 283, September Term, 1988.

77 Md. App. 237 (1988)

549 A.2d 1171

MELVIN EDWARD GARDNER, JR., ET AL. v. STATE OF MARYLAND, ET AL.

Court of Special Appeals of Maryland.

November 14, 1988.


Attorney(s) appearing for the Case

Robert W. Guth (Phillips P. O'Shaughnessy, Sandbower, Gabler & O'Shaughnessy, P.A., Baltimore, and Joseph A. Miklasz, Glen Burnie, on the brief), for appellants.

Elena Langrill, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., and Evelyn O. Cannon, Asst. Atty. Gen., on the brief), Airport, for appellee, State of Md.

Benjamin R. Goertemiller, Susan M. Marzetta, and Semmes, Bowen & Semmes, on the brief, Baltimore, for appellee, Constitution State Ins. Co.

Francis J. Ford and Ford & O'Neill, on the brief, Rockville, for appellee, Planet Ins. Co.

Argued before MOYLAN, WILNER and KARWACKI, JJ.


WILNER, Judge.

This case involves a construction of the State Tort Claims Act, now codified in Md.State Gov't Code Ann., §§ 12-101 — 12-109.

Until 1981, the State jealously guarded its sovereign immunity against liability for tort. The Court of Appeals had repeatedly held that the State could not be sued for the tortious conduct of its agencies, instrumentalities, officials, or employees unless the Legislature (1) authorized such a suit and...

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