Ch. 594

LAWS OF MARYLAND

(D) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION,
THIS SUBTITLE MAY NOT BE INTERPRETED TO ABRIDGE, WAIVE, OR
COMPROMISE ANY EXISTING RIGHTS, DEFENSES, OR IMMUNITIES PRESENTLY
POSSESSED BY A LOCAL GOVERNMENT OR ITS EMPLOYEES, TO ALTER OR
MODIFY ANY OTHER PROVISION OF THE CODE, OR BE INTERPRETED AS
ESTABLISHING ANY NEW CAUSE OF ACTION.

(D) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (B) OF
THIS SECTION, THIS SUBTITLE DOES NOT WAIVE ANY COMMON LAW OR
STATUTORY DEFENSE OR IMMUNITY IN EXISTENCE AS OF JUNE 30, 1987,
AND POSSESSED BY AN EMPLOYEE OF A LOCAL GOVERNMENT.

(E) A LOCAL GOVERNMENT MAY ASSERT ON ITS OWN BEHALF ANY
COMMON LAW OR STATUTORY DEFENSE OR IMMUNITY IN EXISTENCE AS OF
JUNE 30, 1987, AND POSSESSED BY ITS EMPLOYEE FOR WHOSE TORTIOUS
ACT OR OMISSION THE CLAIM AGAINST THE LOCAL GOVERNMENT IS
PREMISED AND A LOCAL GOVERNMENT MAY ONLY BE HELD LIABLE TO THE
EXTENT THAT A JUDGMENT COULD HAVE BEEN RENDERED AGAINST SUCH AN
EMPLOYEE UNDER THIS SUBTITLE.

5-404.

(A)  EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION,
AN ACTION FOR UNLIQUIDATED DAMAGES MAY NOT BE BROUGHT AGAINST A
LOCAL GOVERNMENT OR ITS EMPLOYEES UNLESS THE NOTICE OF THE CLAIM
REQUIRED BY THIS SECTION IS GIVEN WITHIN 180 DAYS AFTER THE
INJURY.

(B)  (1) EXCEPT IN ANNE ARUNDEL COUNTY, BALTIMORE COUNTY,
AND PRINCE GEORGE'S 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 THE REPRESENTATIVE OF THE CLAIMANT, TO THE COUNTY
COMMISSIONER, COUNTY COUNCIL, OR CORPORATE AUTHORITIES OF A
DEFENDANT LOCAL GOVERNMENT 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.

(2)  IN ANNE ARUNDEL COUNTY, BALTIMORE COUNTY, AND
PRINCE GEORGE'S 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 THE
REPRESENTATIVE OF THE CLAIMANT, TO THE COUNTY SOLICITOR OR COUNTY
ATTORNEY.

(3)  THE NOTICE SHALL BE IN WRITING AND SHALL STATE
THE TIME, PLACE, AND CAUSE OF THE INJURY.

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