24/12 - Maryland Courts

CJ §5-603(b)(3) - Text
As TransCare is a commercial ambulance company, the application of CJ §5-
603(b)(3) to it depends, in part, on whether the adjective “volunteer” modifies only “fire
department” or also modifies “ambulance and rescue squad.” If “volunteer” modifies only
“fire department,” TransCare potentially has immunity as an “ambulance squad” (if its
“members” have immunity). If “volunteer” also modifies “ambulance and rescue squad,”
TransCare does not have immunity under this provision (regardless of whether its “members”
or employees have immunity). Either construction of the phrase is grammatically correct;
in light of this ambiguity in meaning, we resort to the statute’s legislative history to discern
its purpose.
CJ §5-603(b)(3) - Legislative history
What is now CJ §5-603(b)(3) was added to the Good Samaritan Act in 1979. Chapter
301, Laws of Maryland 1979. 14 To place it in context, however, we must briefly describe the
history of the Good Samaritan Act leading up to that amendment.
When the General Assembly first enacted the Good Samaritan Act in 1963, the statute
applied only to physicians who provided free medical assistance at the scene of an accident. 15
14 The Court of Special Appeals opinion mistakenly attributes what is now CJ §5-
603(b)(3) to a 1982 amendment that added a similar provision relating to corporate fire
departments, now codified at CJ §5-603(b)(4). 203 Md. App. at 207-10.
15 As originally enacted, the statute read in full:
A physician licensed to practice medicine by the Board of
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