holding that allegations in complaint, which suggested "individual negligence and bureaucratic mismanagement and incompetence" and "lack of clear procedures and protocols" did not allege gross negligence because the allegations did not indicate "malice, evil intention, or wanton, wilful, or reckless disregard for human life or the rights of others"
How later courts described this case
- holding that allegations in complaint, which suggested "individual negligence and bureaucratic mismanagement and incompetence" and "lack of clear procedures and protocols" did not allege gross negligence because the allegations did not indicate "malice, evil intention, or wanton, wilful, or reckless disregard for human life or the rights of others"
- holding that allegations that state agency and city social service personnel failed to assure that child abuse complaints were properly investigated did not state claim for gross negligence
- holding that allegations of “individual negligence” do not indicate “wanton, willful, or reckless disregard for human life or the rights of others”
- stating that gross negligence “implies malice and evil intention”
Written by the judges who cited it.
The opinion
ALPERT, Judge,
concurring.
I fully concur with the opinion because Maryland law offers no choice. But let the past be laid to rest with the battered body of Myeshia Jenkins. We as a people and a government should never again allow a tragedy such as that before us to be visited upon our children. There can be no excuse for our failure to muster the resources to save our children, indeed to save our society because our “... future lies in [our] most valuable resource—[our] children.”
As pointed out in a recent edition of The Maryland Bar Journal,
The crisis that threatens the nation’s children has evolved because society has neglected and abused the legal rights of children. Society has failed to protect children of all ages and socio-economic groups, not just those who are poor, hail from inner cities or are members of racial minorities. At every age, among all races and income groups, in communities nationwide, many children are at risk every day. Compounding these risks are the deficiencies of those agencies, institutions and advocacies that are designed to help. Children have become victims of a failing social and judicial system.
Evelith, The Plight of Our Children. XX VII Maryland Bar Journal (No. 3 May/June 1994).