Legal Opinion

Leppo v. State Highway Administration

Court of Appeals of Maryland

Decided May 14, 1993No. 122, September Term, 1992PublishedCited by 26 opinions

1Opinion of the Court

CHARLES E. ORTH, Jr., Judge, Specially Assigned.

Once again we are called upon to divine what the Legislature intended when it enacted a statute. The statute with which we are concerned appears in the Maryland Code (1984, 1992 Cum.Supp.) § 12-106 of the State Government Article (SG) as part of the Maryland Tort Claims Act (MTCA). With certain exclusions and exceptions not here relevant, the Act waives the common law immunity the State enjoyed against tort action. 1 Subsection (a) of § 12-106 declares:

This section does not apply to a claim that is asserted by cross-claim or counter-claim.

Subsect…

2Cases cited14 opinions

  1. Kaczorowski v. Mayor of BaltimoreCourt of Appeals of Maryland · 1987
  2. Pennsylvania National Mutual Casualty Insurance v. GartelmanCourt of Appeals of Maryland · 1980
  3. Warfield v. StateCourt of Appeals of Maryland · 1989
  4. Cotham and Maldonado v. Board of County CommissionersCourt of Appeals of Maryland · 1971
  5. Ferrero Construction Co. v. Dennis Rourke Corp.Court of Appeals of Maryland · 1988

9 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Rios v. Montgomery CountyCourt of Appeals of Maryland · 2005
  2. State v. WiegmannCourt of Appeals of Maryland · 1998
  3. Johnson v. Maryland State PoliceCourt of Appeals of Maryland · 1993
  4. Faulk v. EwingCourt of Appeals of Maryland · 2002
  5. Haupt v. StateCourt of Appeals of Maryland · 1995

21 more not listed; retrieve them via the Exa API.

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