Jackson v. Board of County Commissioners

Hammond, J., delivered the opinion of the Court. The appeal is from a summary judgment in favor of Anne Arundel County for failure of the plaintiff to comply with the statutory provisions for the giving of notice to a county or other municipality as a prerequisite to claiming or suing for “unliquidated damages for any injury or damage to person or property.” Code (1957), Art. 57, Sec. 18, as read by Neuenschwander v. Wash. San. Com., 187 Md. 67, 76 , provides that as a condition precedent to the maintenance of a successful claim or of suit against a municipality, the claimant or his representative must, within ninety days of the occurrence, present to “the county commissioners, or the corporate authorities” in person or by registered mail written notice “setting forth the time, place and cause of the alleged damage, loss, injury or death.” The stipulated facts establish the following.

The appellant Phyllis Jackson was injured while a passenger in an automobile driven by her husband, William Jackson, by reason of a collision of the automobile and a dump truck owned by the County and driven by its servant. The accident happened on January 18, 1962. The County employee who was driving the County dump truck reported the collision • to his' superiors shortly thereafter, in the regular course of business. The County’s insurance carrier investigated the claim.

On March 19, 1962, claimant’s attorney gave oral notice of the claim to an assistant county attorney. On April 12, 1962, claimant’s attorney sent a letter by ordinary mail to the County Commissioners of Anne Arundel County at the court house in Annapolis, which .read as follows: “We. represent Phyllis and William A. Jackson, Jr., and their collision insurance carrier, Interstate Insurance Company, in a claim for damages against Anne ¹⁶⁷ Arundel County Public Works arising out of a collision occurring on January 18, 1962, at Solley Road and Powhatan Beach Road with a County Roads truck operated by Joseph Frank Havranek. “Please contact us promptly or if you carry liability insurance, have your insurance carrier contact us concerning payment of our claim.” The Commissioners received the letter within a day or two of mailing and before the expiration of ninety days from January 18, 1962. It also appears that on April 26, 1962, the County’s insurer replied to claimant’s attorney on behalf of “our above insured” (the County Commissioners of Anne Arundel County) that “since our investigation clearly reveals negligence on the part of your client, William A. Jackson, Jr., we must respectfully deny your subrogation claim.” In response to appellant’s argument that there was sufficient compliance with the statute requiring notice, the County argues that there was noncompliance with two essential requirements — there was no notice given of appellant’s claim, only of a claim for property damage and, in any event, the notice was not delivered either in person or by registered mail. We find neither of the County’s contentions to be sound.

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