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§ 5-422. Statutorily defined governing bodies, directors or officers

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 4. Immunities and Prohibited Actions--Businesses, Associations, and Charities (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-422
§ 5-422. Statutorily defined governing bodies, directors or officers
Governing body defined in Real Property Article
(a) In this section, “governing body” has the meaning stated in § 14-118 of the Real Property Article.
Recovery of actual damages
(b) Subject to the provisions of subsection (c) of this section, a person sustaining an injury as a result of the tortious act of an officer or director of a governing body while the officer or director is acting within the scope of the officer's or director's duties may recover only in an action brought against the governing body for the actual damages sustained.
Immunity of director or officer of governing body
(c) In a proceeding against a governing body, a director or officer of a governing body may not be held personally liable for injuries sustained by a party if the director or officer:
(1) Acted within the scope of the director's or officer's duties;
(2) Acted in good faith; and
(3) Did not act in a reckless, wanton, or grossly negligent manner.
Defendants named in suit
(d)(1) Except as provided in paragraph (2) of this subsection, a claimant shall name only the governing body as a party defendant.
(2) An officer or director of a governing body may be named individually only when the governing body for which the officer or director was acting cannot be determined at the time an action is instituted under this section.
(3) If an officer or director is named as an individual defendant under this section, the governing body for which the officer or director was acting shall be substituted as the party defendant when its identity reasonably can be determined.

Credits

Added as Courts and Judicial Proceedings § 5-399.1 by Acts 1990, c. 546, § 3, eff. Oct. 1, 1990. Renumbered as Courts and Judicial Proceedings § 5-422 by Acts 1997, c. 14, § 9, eff. April 8, 1997.
MD Code, Courts and Judicial Proceedings, § 5-422, MD CTS & JUD PRO § 5-422
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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