Md. Court of Special Appeals - Halloran V. Montgomery County Department of Public Works

Summary

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Torts

Notice under Local Government Tort Claims Act

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Extract

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Md. Court of Special Appeals - Halloran V. Montgomery County Department of Public Works

BOTTOM LINE: Circuit court properly determined that plaintiff did not substantially comply with the notice provision of the Local Government Tort Claims Act and failed to demonstrate good cause for waiver.

CASE: Halloran v. Montgomery County Department of Public Works, CSA No. 219, September Term, 2008 (filed March 31, 2009) (Judges Eyler, D., WOODWARD & Sharer (retired, specially assigned)).

FACTS: On Oct. 18, 2004, Karen Halloran fell and was seriously injured when she tripped on irregular pavement in a crosswalk at Old Georgetown Road and Edgemoor Lane in Montgomery County.

In a letter dated Oct. 22, 2004, Halloran informed the Montgomery County Department of Public Works and Transportation (DPWT) of the accident. In the let...

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