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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1784 September Term, 2003

MARY ANN HINES, ET VIR

v.

JOHN FRENCH, ET AL.

Davis, Hollander, Bishop, John J. (retired, specially assigned), JJ.

Opinion by Davis, J.

Filed: July 2, 2004

August 29, 2001, appellants1 Mary Ann Hines and her husband Leon Hines filed an eight-count complaint in the Circuit Court for Harford County against appellees Deputy Sheriff John French,

Sheriff Joseph Meadows, and Sergeant Gary Vernon of the Harford County Sheriff's Department, the Harford County Sheriff's

Department, Harford County, the State of Maryland, Baltimore County 911 Dispatcher Jane Doe, Chief Terrence Sheridan of the Baltimore County Police Department, the Baltimore County Police Department (BCPD), and Baltimore County. Appellants alleged assault, battery, false imprisonment, false arrest, malicious prosecution,

intentional infliction of emotional distress, negligence, and loss of consortium. The BCPD, Baltimore County, and Chief Terrence Sheridan filed a Motion to Dismiss on September 18, September 24, and October 3, 2001, respectively. By orders dated October 16, 2001, the trial

court granted the motions to dismiss of Baltimore County and Chief Terrence Sheridan. Additionally, on October 31, 2001, the State of Maryland filed a Motion to Dismiss and Sheriff Meadows, Deputy French, Sergeant Vernon, the Harford County Sheriff's Department, and Harford County collectively filed a Motion to Dismiss and/or For Summary Judgment. The circuit court eventually ruled on the

outstanding motions in a memorandum opinion and order filed on September 30, 2003, wherein the court granted the motion to dismiss of the BCPD and the State of Maryland. The court also granted the

Reference hereinafter indicates Mary Ann Hines.

1

to

"appellant"

in

the

singular

- 2 collective Motions to Dismiss and/or For Summary Judgment of Sheriff Meadows, Deputy French, Sergeant Vernon, the Harford County Sheriff's Department, and Harford County. Appellants filed their timely notice of appeal on October 29, 2003, presenting two questions for our review, which we combine into one question and rephrase as follows: Did the trial court err by granting appellees' motions to dismiss and/or motion for summary judgment? We answer appellants' question in the affirmative and,

therefore, reverse in part, and affirm, in part, the judgment of the circuit court.

FACTUAL BACKGROUND
On the evening of August 29, 1998, appellant was returning to her home in Harford County from a party in Baltimore City. She was

traveling alone in a 1998 Dodge truck bearing Maryland license tag 17F118. As she proceeded eastbound on Route 40, Baltimore County

911 dispatch issued a "be on the lookout" for a green Dodge truck with Maryland license 17F118. The report noted that the vehicle

had been involved in a hit-and-run accident at the intersection of Mohrs Lane and Route 40 in Baltimore County

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