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BROOKS v. HOUSING AUTHORITY

No. 14, September Term, 2008.

984 A.2d 836 (2009)

411 Md. 603

Devonte A. BROOKS, a minor, etc., et al. v. HOUSING AUTHORITY OF BALTIMORE CITY, et. al.

Court of Appeals of Maryland.

Reconsideration Denied January 8, 2010.

Attorney(s) appearing for the Case

Suzanne C. Shapiro (Saul E. Kerpelman & Associates, P.A., Baltimore), on brief, for Petitioners.

J. Marks Moore, III (J. Marks Moore, III, LLC, Baltimore, Samuel M. Riley, Samuel M. Riley, LLC, Baltimore), on brief, for Respondents.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, BARBERA, and JOHN C. ELDRIDGE (Retired, Specially assigned), JJ.

BARBERA, J.

We decide in this case whether the Housing Authority of Baltimore City ("HABC") enjoys governmental immunity from suits in tort if it has exhausted the limits of its commercial insurance policy in payment of prior claims. The case comes to us from the grant of summary judgment in favor of the HABC, the respondent, in a lead paint action brought by the petitioner, Devonte A. Brooks ("Brooks"). The HABC argued that, under Maryland's "Housing Authorities...

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