Nelly Rios, as Parent and Next Friend of Her Son, Luis Fernando Rios v. Montgomery County, Maryland

Summary

The court held that the Local Government Tort Claims Act's 180-day notice requirement is constitutional as applied to minors when the underlying local-government activity is governmental rather than proprietary. It also held that the trial court did not abuse its discretion in finding that the claimant failed to establish good cause for late notice, because the injury was apparent, the parent had indications of a potential claim, and no investigation occurred for more than eight years. The court therefore affirmed dismissal with prejudice as to the local government and its employee.