Ellis v. Housing Authority of Baltimore City, - A.3d-, 2013 WL 6182545, Nos. 24-C-10-000130, 24-C-11-004399 (Md. Nov. 26, 2013) was a decision of the Maryland Court of Appeals affirming a ruling by the Circuit Court for Baltimore which concluded that the plaintiff tenants of public housing authority properties operated by the Housing Authority for Baltimore City ("HABC") did not substantially comply with the notice requirements of the Local Government Tort Claims Act, Md. Code Ann., Cts. & Jud. Proc. Art. (1987, 2013 Repl.Vol.) ("LGTCA") in making their claim against the HABC for violating provisions of Maryland Consumer Protection Act with regard to alleged exposure to lead paint in HABC properties. Plaintiff Brittany Ellis alleged that in 1992, during her period of residence as a minor in an HABC residence, the University of Maryland Pediatric Ambulatory Center ("UMPAC") found 14 micrograms per deciliter ([mu]g/dL), and notified HABC of an indication of some degree of lead exposure, which merited further testing but not treatment. The tenant's mother did not complain or express concern about the findings to HABC either then or later. Plaintiff Ellis finally filed the present action in January 2010. 2013 WL 618 2545 at *1, *2. HABC moved for summary judgment, arguing the plaintiff failed to comply with the LGTCA notice requirements, and did not show good cause for failure to do so. The Circuit Court granted the motion.
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