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Session Laws, 1990 Session
Volume 436, Page 2411   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 546

SUBTITLE 1 OF THE EDUCATION ARTICLE, MAY RAISE THE DEFENSE OF
SOVEREIGN IMMUNITY TO ANY AMOUNT CLAIMED ABOVE THE LIMIT OF
ITS INSURANCE POLICY OR, IF SELF-INSURED OR A MEMBER OF A POOL
DESCRIBED UNDER § 4-105(C)(l)(II) OF THE EDUCATION ARTICLE, ABOVE
$100,000.

(C) A COUNTY BOARD OF EDUCATION MAY NOT RAISE THE
DEFENSE OF SOVEREIGN IMMUNITY TO ANY CLAIM OF $100,000 OR LESS.

(D) (1) THE COUNTY BOARD SHALL BE JOINED AS A PARTY TO AN
ACTION AGAINST A COUNTY BOARD EMPLOYEE OR VOLUNTEER THAT
ALLEGES DAMAGES RESULTING FROM A TORTIOUS ACT OR OMISSION
COMMITTED BY THE EMPLOYEE IN THE SCOPE OF EMPLOYMENT OR BY
THE VOLUNTEER WITHIN THE SCOPE OF THE VOLUNTEER'S SERVICES
OR DUTIES.

(2) THE ISSUE OF WHETHER THE COUNTY BOARD EMPLOYEE
ACTED WITHIN THE SCOPE OF EMPLOYMENT MAY BE LITIGATED
SEPARATELY.

(3) THE ISSUE OF WHETHER THE VOLUNTEER ACTED WITHIN
THE SCOPE OF THE VOLUNTEER'S SERVICES OR DUTIES MAY BE
LITIGATED SEPARATELY.

(E) A COUNTY BOARD EMPLOYEE ACTING WITHIN THE SCOPE OF
EMPLOYMENT, WITHOUT MALICE AND GROSS NEGLIGENCE, IS NOT
INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM A TORTIOUS
ACT OR OMISSION FOR WHICH A LIMITATION OF LIABILITY IS PROVIDED
FOR THE COUNTY BOARD UNDER SUBSECTION (B) OF THIS SECTION,
INCLUDING DAMAGES THAT EXCEED THE LIMITATION ON THE COUNTY
BOARD'S LIABILITY.

(F) (1) THE PROVISIONS OF THIS SUBSECTION APPLY ONLY TO A
VOLUNTEER.

(2) A VOLUNTEER WHO ACTS WITHIN THE SCOPE OF THE
VOLUNTEER'S SERVICES OR DUTIES IS NOT INDIVIDUALLY LIABLE FOR
DAMAGES RESULTING FROM A TORTIOUS ACT OR OMISSION BEYOND
THE LIMITS OF ANY PERSONAL INSURANCE THE VOLUNTEER MAY HAVE
UNLESS:

(I) THE DAMAGES WERE THE RESULT OF THE
VOLUNTEER'S NEGLIGENT OPERATION OF A MOTOR VEHICLE; OR

(II) THE DAMAGES WERE THE RESULT OF THE
VOLUNTEER'S WILLFUL, WANTON, MALICIOUS, RECKLESS, OR GROSSLY
NEGLIGENT ACT OR OMISSION.

(3) THE LIMITATIONS ON LIABILITY CONTAINED IN THIS
SUBSECTION MAY NOT BE CONSTRUED OR APPLIED TO AFFECT ANY
IMMUNITIES FROM CIVIL LIABILITY OR DEFENSES ESTABLISHED BY ANY

- 2411 -


 

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Session Laws, 1990 Session
Volume 436, Page 2411   View pdf image (33K)
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