May. & City Cncl. of Baltimore v. Varghese

Summary

The Court held that Baltimore’s discretionary decisions concerning the placement and design of a barrier between a vehicular access road and a promenade were governmental functions protected by common-law governmental immunity. The plaintiff’s characterization of the claim as a failure to maintain or respond to a known hazard did not alter its substance because the barrier was not shown to be in disrepair, and notice of a prior accident could not overcome immunity. The Court reversed and directed entry of judgment for the City.