Accidents can be caused by negligence of more than one person. In some Maryland personal injury cases, the damages are apportioned to each defendant by fault. Unfortunately, this may result in reduced damages when one of the defendants is the local government, as illustrated in an April 14, 2020 case. The plaintiff was awarded over 2.6 million in damages for personal injuries after a jury found the City and contractor negligent. However, because the City’s negligence was a superseding cause to the contractor’s negligence, the contractor was released from liability, and the damage award was reduced pursuant to the Local Government Tort Claims Act.
The facts of the case are as follows. In 2007, the City hired the contractor to restore a ball field. The project included installation of wooden bollards along the adjacent public road, with a barrier gate to allow restricted access from the roadway into the park. The project was completed in 2011. In April of 2014, the plaintiff in the case sustained severe injuries when his car collided with the barrier gate, which had swung open into the roadway. At trial, the evidence established that the gate was not constructed in conformance with the blueprints created by the architect.
In Maryland, a plaintiff must prove four elements to prevail in a claim of negligence: 1) the defendant owed the plaintiff a duty to conform to a certain standard of care; 2) the defendant breached this duty; 3) actual damage to the plaintiff; and 4) causation. The City is generally allowed immunity for governmental and discretionary acts, such as the maintenance of a public park. However, a municipality has a private proprietary obligation to maintain its streets, as well as the sidewalks, footways and the areas contiguous to them, in a reasonably safe condition.