MUTHUKUMARANA v. MONTGOMERY COUNTY

Nos. 83, 84, Sept. Term, 2001.

805 A.2d 372 (2002)

370 Md. 447

Sriyani MUTHUKUMARANA, Individually, etc, v. MONTGOMERY COUNTY, Maryland, et al. Sarah Fried, et al., v. Kim Archer, et al.

Court of Appeals of Maryland.

August 26, 2002.


Attorney(s) appearing for the Case

Daniel A. Brown (Brown & Gould, LLP, on brief), Bethesda, for appellant.

Sharon V. Burrell, Principal Counsel for Self-Insurance Appeals (Charles W. Thompson, Jr., County Attorney, and Joann Robertson, Chief, Division of Litigation, on brief), Rockville, for appellees.

Linda W. Buckel, Asst. County Atty., Cumberland, County Com'rs of Allegany County, Maryland, Linda M. Schuett, County Atty., Annapolis, Anne Arundel County, Maryland, Thurman W. Zollicoffer, Jr., City Solicitor, Baltimore, Mayor and City Council of Baltimore, Edward J. Gilliss, County Atty., William J. Wiseman, III, Asst. County Atty., Towson, Baltimore County, Maryland, Emanuel Demedis, County Atty., Prince Frederick, County Com'rs for Calvert County, Maryland, Kimberly A. Millender, Acting County Atty., Westminster, County Com'rs for Carroll County, Maryland, Barbara M. Cook, County Solicitor, Rebecca A. Laws, Sr. Asst. County Solicitor, Louis P. Ruzzi, Sr. Asst. County Solicitor, Ellicott City, Howard County, Maryland, Ernest S. Cookerly, County Atty., Chestertown, County Com'rs for Kent County, Maryland, Guy R. Ayres, III, City Solicitor, Ocean City, Mayor and City Council of Ocean City, Sean D. Wallace, County Atty., John A. Bielec, Deputy County Atty., Upper Marlboro, Prince George's County, Maryland, Patrick E. Thompson, County Atty., Stevensville, County Com'rs for Queen Anne's County, Maryland, Richard W. Douglas, County Atty., Hagerstown, County Com'rs for Washington County, Maryland, Edgar A. Baker, Jr., County Atty., Salisbury, Wicomico County, Maryland, Edward H. Hammond, Jr., County Atty., Ocean City, County Com'rs for Worcester County, Maryland, Kurt T. Rumsfeld, Legal Counsel, Intern. Ass'n of Fire Fighters, Washington, DC, Henry W. Underhill, Jr., General Counsel & Executive Director, Intern. Mun. Lawyers Ass'n, Washington, DC, Mark G. Spurrier, Counsel, Maryland Chiefs of Police Ass'n, Inc., Largo, Sue Cusick Greer, Counsel, Maryland Sheriffs Ass'n, Inc., Annapolis, Roger Lee Fink, County Atty., LaPlata, County Com'rs for Charles County, Maryland, brief of amici curiae, for appellees, amicus curiae.

Clifford L. Hardwick (Hardwick & Harris, LLP, on brief), Baltimore, for petitioners.

Philip S. Roberts, Asst. County Atty. (A. Frank Carven, III, County Atty., on brief), Bel Air, for respondents.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.


HARRELL, Judge.

These two cases, Fried v. Archer, No. 84, September Term, 2001, and Muthukumarana v. Montgomery County, No. 83, September Term, 2001, share a common issue: whether local government emergency telephone system employees (specifically operators, dispatchers, and managers) owe an individual tort duty to persons in need of their services, and, if so, under what circumstances the employees may be held...

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