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Douglas Kelly v. Town of Ocean City, MD, et al.
State: Maryland
Court: Maryland District Court
Case Date: 11/16/2010
Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : : v. : : TOWN OF OCEAN CITY, MARYLAND : and UNITED STATES COAST GUARD : : ...o0o... MEMORANDUM Douglas Kelly has sued the Town of Ocean City, Maryland and the United States Coast Guard for damage caused when his fishing vessel run aground and collided with a fishing pier in Ocean City, Maryland on September 11, 2006. He has alleged negligence on the part of both defendants. The defendants have each moved to dismiss the complaint. The issues in this case have been fully briefed and no oral argument is necessary. See Local Rule 105.6 (D. Md. 2010). The grounding of the vessel and the consequent damages are very unfortunate. Kelly's claims against the Coast Guard, however, were filed outside the applicable limitations period, and therefore must be dismissed. His claims against Ocean City also must be dismissed because Kelly has not alleged that he complied with the notice-of-claim requirement of Maryland's Local Government Tort Claims Act. BACKGROUND On September 11, 2006, the fishing vessel Mighty Duck ran aground just north of the Ocean City fishing pier in Ocean City, Maryland. (Compl.
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