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TOLLENGER v. STATE

No. 2118, Sept. Term, 2009.

23 A.3d 897 (2011)

199 Md. App. 586

Garrett P. TOLLENGER, Individually and as Personal Representative of the Estate of Ashley Paige Tollenger, Deceased v. STATE of Maryland.

Court of Special Appeals of Maryland.

July 5, 2011.

Attorney(s) appearing for the Case

Clay M. Barnes , Towson, MD, for appellant.

Steven M. Sullivan (Douglas Gansler, Atty. Gen., Michael W. Lord , on the brief), Baltimore, MD, for appellee.

Panel: WRIGHT, HOTTEN, and JAMES P. SALMON (Retired, Specially Assigned), JJ.

SALMON, J.

This is a motor tort case in which the State of Maryland and three of its agencies ("the State") convinced a motions judge, in the Circuit Court for Harford County, that there existed an implied exception in the Maryland Tort Claims Act ("MTCA") that protects the State from lawsuits "arising from discretionary governmental planning and policy decisions that are authorized by statute." The governmental planning and policy decision at issue concerns a decision...

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