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Session Laws, 1985
Volume 760, Page 2210   View pdf image
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2210                                          LAWS OF MARYLAND                                     Ch. 332

Article - Courts and Judicial Proceedings

Section 5-306

Annotated Code of Maryland

(1984 Replacement Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

5-306.

(a)  Except as provided in subsection (c) of this section,
no action for unliquidated damages for an injury to a person or
his property may be brought against a county or municipal
corporation unless the notice of the claim required by this
section is given within 180 days after the injury.

(b)  (1) [The] EXCEPT IN ANNE ARUNDEL COUNTY AND BALTIMORE
COUNTY, THE notice shall be given in person or by certified mail,
return receipt requested, bearing a postmark from the United
States Postal Service, by the claimant or his representative to
the county commissioner, county council, or corporate authorities
of a defendant municipal corporation or:

(i) In Baltimore City, to the city solicitor;

(ii) In Howard County, to the county executive;

(iii) In Montgomery County, to the county
executive; or

(iv) In Prince George's County, to the county
executive.

(2) IN ANNE ARUNDEL COUNTY AND BALTIMORE COUNTY, THE
NOTICE SHALL BE GIVEN IN PERSON OR BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, BEARING A POSTMARK FROM THE UNITED STATES
POSTAL SERVICE, BY THE CLAIMANT OR HIS REPRESENTATIVE TO THE
COUNTY SOLICITOR OR COUNTY ATTORNEY.

[(2)] (3) The notice shall be in writing and shall
state the time, place, and cause of the injury.

(c)  Notwithstanding the other provisions of this section,
the court may, upon motion and for good cause shown, entertain
the suit even though the required notice was not given, unless
the defendant can affirmatively show that its defense has been
prejudiced thereby.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

 

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Session Laws, 1985
Volume 760, Page 2210   View pdf image
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