Khawaja v. City of Rockville

In Khawaja v. City of Rockville, 89 Md. App. 314, 598 A.2d 489 (1988), the plaintiffs sued the City of Rockville and an officer of the Rockville Police Department for damages for injuries they sustained when the officer's cruiser crashed into their automobile. The circuit court granted summary judgment in favor of the City of Rockville on the ground that under Md. Code Transp. (1987 Repl. Vol.) 17-107(c) and 19-103(c), its liability was limited to its insurable interest. On appeal, the plaintiffs argued that the LGTCA precluded the City of Rockville from asserting a defense that it did not have in common with the officer. Because the officer could not assert these statutory protections, the plaintiffs argued, the City of Rockville could not raise them either. The Court rejected the plaintiffs' argument "because it implied that passage of the LGTCA acted as a waiver of governmental defenses and immunities held by the governmental entity independent of defenses and immunities held by the employee." Id. at 323. The Court observed: A legislative waiver of immunity by a municipality is ineffective unless its legislature has clearly stated an intention to waive immunity and either there are funds available for satisfying the judgment or the defendant has the power to raise funds for that specific purpose. Heffner v. Montgomery County, 76 Md. App. 328, 337, 545 A.2d 67 (1988). The LGTCA, by its own terms, contains no specific waiver of governmental immunity when a governmental entity is sued in its own capacity. Viewing the LGTCA in light of its statement of purpose, the LGTCA waives only those immunities the government could have in an action raised against its employee. The statute requires the government to assume financial responsibility for a judgment against its employee by abolishing that immunity the government may have had against responsibility for the acts of its employees. The Act, however, does not create liability on the part of the local government as a party to the suit. (89 Md. App. at 325-26.)