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Aug. 6
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12
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JOURNAL OF PROCEEDINGS
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an action for negligence lie. Baltimore Transit Co. v.
Prinz, 215 Md. 398, 403 (1958).
Section 19-103(b)(1) seems to say that an operator is
not liable in tort if he exercises reasonable care. But,
under such circumstances, he would not be liable in tort in
any event, be it for negligence or gross negligence. On the
other hand, § 19-103(c)(1) would appear to impose liability
on the owner or lessee of the vehicle even if the operator
were not negligent. This is more than strict liability and
simply could not have been intended. Moreover, under §
19-103(c)(l) it is unclear whether the owner or lessee is to
be liable jointly or solely for actions that involve gross
negligence.
Because the use in the same paragraph of the mutually
exclusive words "tortious act or omission" and "exercising
reasonable care" creates an obvious ambiguity in the bills,
this might lead a court to somehow construe the bills in a
reasonable fashion. Kindley v. Governor of Maryland, 289
Md. 620 (1981).
However, we can give no assurance how a court would
construe the bills and whether it would construe them so as
to exempt an operator from liability for negligence and
impose only that liability on the owner or lessee of the
vehicle.
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Very truly yours,
Stephen H. Sachs
Attorney General
Read and ordered journalized.
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House Bill No. 155
AN ACT concerning
Emergency Vehicle Operation - Liability
FOR the purpose of providing that certain operators of
certain emergency vehicles are not liable for certain
acts or omissions under certain circumstances;
providing that owners of emergency vehicles are liable
for certain acts or omissions of authorized operators
of emergency vehicles under certain circumstancs;
providing for limitations on liability; providing
certain judgments operate as a bar to a judgment
against certain emergency vehicle operators under
certain circumstances; providing that owners or lessees
of emergency vehicles are liable for certain acts or
omissions of authorized operators of emergency vehicles
under certain circumstances; defining certain terms;
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