The Maryland Court of Special Appeals recently ruled that minors can toll the filing period for claims under the Maryland Tort Claims Act (MTCA). This decision affects how minors can pursue legal action against the state, ensuring they have the opportunity to seek justice for injuries sustained while under state care.
The case, Cunningham v. State of Maryland, No. 0216, Sept. Term, 2025, was filed on July 2, 2026, and centered around Cameron Cunningham, who alleged he did not receive adequate medical care while in custody as a juvenile. The court's ruling clarifies that the three-year filing requirement for tort claims against the state can be extended for minors until they reach adulthood.
In this case, Cunningham was arrested at the age of 16 and suffered a serious knee injury. After being treated at a hospital, he was placed in the custody of the Department of Juvenile Services (DJS) and later the Department of Public Safety and Correctional Services (DPSCS). Cunningham claimed that while in custody, he did not receive the medical care he needed for his injury. He turned 18 on November 15, 2021, and filed his lawsuit on November 11, 2024, which was less than three years after his birthday but more than five years after the injury occurred.
The state moved to dismiss Cunningham's lawsuit, arguing it was untimely under the MTCA, which generally requires that claims be filed within three years of the cause of action arising. The Circuit Court for Baltimore City agreed and dismissed the case, stating that the three-year filing requirement was a condition precedent to the state’s waiver of sovereign immunity and was not subject to tolling for minors.
Cunningham appealed the decision, arguing that the tolling provision for minors should apply to the MTCA’s filing requirement. He pointed to previous court rulings that recognized the importance of protecting minors' rights to seek legal redress. The Court of Special Appeals reviewed the case and ultimately found in favor of Cunningham.
The court ruled that the MTCA's three-year filing requirement is indeed subject to the tolling provisions for minors outlined in Maryland law. Chief Judge Wells, along with Judges Friedman and Hotten, stated, “Minors are legally disabled from filing suit until they turn 18. After turning 18, the three-year filing requirement will begin running.” This means that because Cunningham filed his lawsuit within three years of turning 18, his suit was timely, and the lower court's dismissal was reversed.
This ruling has significant implications for minors who may have claims against the state. It establishes that the protections afforded to minors under Maryland law extend to claims made under the MTCA, allowing them additional time to file lawsuits after reaching adulthood. The court emphasized the importance of ensuring that minors are not unfairly disadvantaged when seeking justice for injuries sustained while in state custody.
The decision aligns with the court’s previous rulings that have recognized the need for minority tolling in various contexts, reinforcing the principle that minors should not be penalized for their inability to initiate legal actions before reaching adulthood. The court noted that denying such tolling would lead to a situation where a child could be “twice victimized,” first by the injury and then by the inability to seek legal recourse.
Going forward, this ruling sets a precedent for similar cases involving minors and the MTCA. It clarifies that claims filed by minors will be evaluated with the understanding that their legal rights to pursue action are protected until they reach the age of majority. This decision may encourage more minors to come forward with claims against the state, knowing they have the legal backing to do so.
As for what’s next, the state may consider appealing this decision to a higher court, but details were not available in the court filing regarding any potential appeal. The ruling could also influence other pending cases involving minors and their rights under the MTCA.