Condon v. State

632 A.2d 753, 332 Md. 481, 1993 Md. LEXIS 156
CourtCourt of Appeals of Maryland
DecidedNovember 1, 1993
Docket23, September Term, 1993
StatusPublished
Cited by159 cases

This text of 632 A.2d 753 (Condon v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Condon v. State, 632 A.2d 753, 332 Md. 481, 1993 Md. LEXIS 156 (Md. 1993).

Opinion

MURPHY, Chief Judge.

The Maryland Tort Claims Act (MTCA), Maryland Code (1984, 1993 Repl.Vol.), §§ 12-101 through 12-110 of the State Government Article, waives the State’s immunity from tort liability in certain cases, but requires that a claim first be filed *486 within a designated time period with the State Treasurer as a prerequisite to initiating a law suit against the State. Specifically, § 12 — 106(b) provides that a claimant may not sue the State under the Act unless:

“(1) the claimant submits a written claim to the Treasurer or a designee of the Treasurer within 180 days after the injury to person or property that is the basis of the claim;
“(2) the Treasurer or designee denies the claim finally; and
“(3) the action is filed within 1 year after the claim is denied finally or 3 years after the cause of action arises, whichever is later.”

(Emphasis added.) Section 12-107(d) provides that a claim is “denied finally” by the Treasurer:

“(1) if, by certified mail, return receipt requested, under a postmark of the United States Postal Service, the Treasurer or designee sends the claimant, or the legal representative or counsel for the claimant written notice of denial; or
“(2) if the Treasurer or designee fails to give notice of a final decision within 6 months after the filing of the claim.”

The question before us focuses upon the limitations provisions of § 12 — 106(b)(3) and whether the tort action filed against the State in this case was time-barred under the provisions of this subsection.

I

On April 7, 1987, appellant Timothy J. Condon (Timothy), a student at the College Park campus of the University of Maryland, a State agency, was a passenger on a motorcycle which was involved in a collision with a University shuttle bus driven by a University employee. As a result of the collision, Timothy was thrown from the motorcycle and sustained serious injuries.

Thereafter, on May 22, 1987, Timothy’s father telephoned the University and notified it of the accident and of his son’s injuries. In a letter dated May 26, 1987, the University *487 responded to Timothy’s father, referring him to the provisions of MTCA; informing him of the requirement that a tort claim against the State of Maryland must be submitted in writing to the State Treasurer within 180 days after the injury; and stating that its letter of acknowledgement did not constitute notice to the State Treasurer of Timothy’s claim.

On October 5, 1987, within the MTCA’s 180-day filing requirement, Timothy and his parents submitted a detailed written claim to the State Treasurer. They stated that the amount of their claim was not final because the full extent of Timothy’s physical injuries had not yet been determined. By letter dated October 15, 1987, the State Treasurer’s Office wrote to Timothy and his parents as follows:

“This will acknowledge receipt of your claim which was hand delivered to this office on October 5,1987. Your claim will be handled by Edward S. Schaffer, Inc. By carbon copy of this letter to Edward S. Schaffer, Inc., I am forwarding to them all documentation you supplied this office. Upon completion of their investigation, they will submit to me their full report with recommendations as to how this claim should be concluded.
“Please note, this letter does not waive any of the State’s rights under the Maryland Tort Claims Act.”

Five months later, by letter dated March 17, 1988, Schaffer, Inc. wrote the following letter to Timothy’s parents:

“This correspondence is to advise you that I am the authorized claims administrator for the State Treasurer’s Office and the University of Maryland investigating the incident involving your son, Timothy, on 4/8/87. 1
“I have reviewed all of the reports that you had submitted to the State Treasurer’s Office and [am] requesting more complete information with regards to the treatment admin *488 istered to your son. All of the expenses that you have claimed with regards to the accident of 4/8/87 are under consideration and I do not feel that there is any problem with reimbursement for these additional expenses.
“I am particularly interested in the medical records from Prince George’s County Hospital as well as the records from the treatment rendered by Dr. Patel.
“I also would like additional medical records from Dr. Kothakota.
“If I can be of any further assistance, please do not hesitate to contact me.”

Timothy and his parents never responded to this letter and did not submit additional medical information. More than two years later, in late April or early May of 1990, Timothy’s attorney contacted Schaffer, Inc., regarding Timothy’s claim against the University. After several conversations, Timothy’s attorney was informed that the State would invoke a statute of limitations defense to the claim because more than three years had passed since the injury occurred.

Nearly one year thereafter, on March 15, 1991, Timothy filed suit against the University in the Circuit Court for Prince George’s County. The University filed a Motion to Dismiss on the ground that limitations had run on Timothy’s claim because suit was filed more than three years after the cause of action arose. The trial court (Salmon, J.) treated the motion as one for summary judgment and granted it. Timothy appealed to the Court of Special Appeals; that court affirmed the judgment in an unreported opinion. We granted certiorari to consider the issue of public importance raised by the case. 330 Md. 273, 623 A.2d 655.

II

In arguing for reversal of the judgment below, Timothy asserts that the Court of Special Appeals erred because it applied too narrow a construction of the limitations provision of the MTCA. In addition, he argues that the court was wrong in finding that a person of reasonable intelligence would *489 conclude, after reviewing the relevant provisions of the MTCA, that it was necessary to file suit within three years after the date the cause of action arose. And finally, he argues that the intermediate appellate court erred in concluding that agents of the State had not misled him with regard to his claim so as to toll limitations from running against him.

The trial court’s decision was based on its finding, as a matter of law, that Timothy failed to comply with the § 12-106(b)(3) deadline to file suit because his complaint was filed more than three years and eleven months after the cause of action arose. Timothy does not dispute that his claim arose on April 7, 1987, the date of the accident, and that suit was filed more than three years after that date.

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Bluebook (online)
632 A.2d 753, 332 Md. 481, 1993 Md. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/condon-v-state-md-1993.