Employee, who was injured by co-worker while both men were acting within the scope of their city employment and who received workers’ compensation for his injuries, brought a negligence action against co-worker for the same injuries. City filed, on co-worker’s behalf, a motion to dismiss. The Circuit Court granted motion, and employee appealed.
The Court of Special Appeals held that:
- Local Government Tort Claims Act provision, stating that, if injury sustained is compensable under the Maryland Workers’ Compensation Act, an employee may not sue a fellow employee for tortious acts, did not violate equal protection, and
- Local Government Tort Claims Act provision did not violate open access to courts provision of the Declaration of Rights.