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HARRY HUGHES, Governor
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(D) LIABILITY UNDER THIS SECTION IS LIMITED TO THE
AMOUNT OF THE MINIMUM BENEFITS THAT A VEHICLE LIABILITY
INSURANCE POLICY MUST PROVIDE UNDER § 17-103 OF THIS
ARTICLE.
(E) (C) (E) A JUDGMENT UNDER THIS SECTION UNDER THIS
SECTION AGAINST THE OWNER OR LESSEE OF AN EMERGENCY VEHICLE
CONSTITUTES A COMPLETE BAR TO ANY ACTION OR ACTION OR
JUDGMENT DERIVING FROM THE SAME OCCURRENCE AGAINST THE
OPERATOR OF THE EMERGENCY VEHICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is
not intended to be construed so as to completely bar any
person from a cause of action or remedy in a situation where
that person would have an available cause of action or
remedy except for the operation of this Act.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this
Act shall take effect July 1, 1982.
June 1, 1982
The Honorable Benjamin L. Cardin
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404
Dear Mr. Speaker:
In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed House Bill 155.
The original intent of the bill, which is evident from
the language of the bill as introduced, was to exempt
operators of certain emergency vehicles from liability for
negligent, but not malicious or grossly negligent, acts or
omissions while performing emergency services. The bill
would have further provided that the responsibility for
those acts would be shifted to owners or lessees of
emergency vehicles, including the political subdivisions of
the State. I wholeheartedly support the original intent of
the bill.
The bill as originally drafted and as amended has given
rise to certain severe interpretive problems which the
Attorney General believes will unnecessarily perplex both
courts and litigants. A copy of the Attorney General's
letter of advice to me is attached. "I agree with the
Attorney General that the enactment of this bill may not
assure that its original intent will be given effect after
it has been tested through the judicial process. For that
reason, I have decided to veto House Bill 155.
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