MARVIN MANDEL, Governor 169
(A) IN GENERAL.
IN THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE
MEANINGS INDICATED.
(B) CHILD.
"CHILD" MEANS A PERSON UNDER 18 YEARS OF AGE AND
INCLUDES AN ILLEGITIMATE CHILD OF A DECEASED MOTHER.
(C) PARENT.
"PARENT" INCLUDES THE MOTHER OF A DECEASED
ILLEGITIMATE CHILE.
(D) PERSON.
"PERSON" INCLUDES A BODY POLITIC AND CORPORATE IF
OTHERWISE APPLICABLE.
(E) WRONGFUL ACT.
"WRONGFUL ACT" MEANS AN ACT, NEGLECT, OR DEFAULT
INCLUDING A FELONIOUS ACT WHICH WOULD HAVE ENTITLED
THE PARTY INJURED TO MAINTAIN AN ACTION AND RECOVER
DAMAGES IF DEATH HAD NOT ENSUED.
REVISOR'S NOTE: The definitions of "child" and
"parent" are derived from Art. 67, §4, as
amended by Ch. 651, Acts of 1973. The
definition of "wrongful act" is derived
from Art. 67, §1. They are placed at the
beginning of the subtitle for the purpose
of better organization. The definition of
"child" is necessary despite Art. 1, §16
because "wrongful death" might be a matter
of "descent or inheritance".
The definition of "person" derived from
Art. 67, §6 is retained because the
Commission feels that its deletion might
possibly be construed as narrowing the
scope of the act. The problem derives from
the term "body politic" and the possibility
that it was somehow intended to eliminate
the doctrine of sovereign immunity. No
reason for use of this phrase has been
discovered, and the one case construing it
suggests that the phrase does not abolish
sovereign immunity State ex rel. Watkins v.
Rich, 126 Md. 643 (1915). However, until
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