Barbre v. Pope

This case arises under the one year notice provision of the Maryland Tort Claims Act, Section 12-106(b)(1) of the State Government Article, Maryland Code (1984, 1995 Repl.Vol.). 1 We have been asked to determine whether the year notice provision is satisfied when a plaintiff timely delivers notice to a County Commissioner. We also have been asked to determine whether the Maryland Tort Claims Act (“MTCA”) notice provision applies to claims against an individual otherwise covered under the Act’s strictures, if the civil complaint, thereafter filed, alleges malice or gross negligence.

Two…