Bergquist v. Magalski

552 A.2d 904, 314 Md. 646, 1989 Md. LEXIS 11
CourtCourt of Appeals of Maryland
DecidedFebruary 7, 1989
DocketNo. 50
StatusPublished

This text of 552 A.2d 904 (Bergquist v. Magalski) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bergquist v. Magalski, 552 A.2d 904, 314 Md. 646, 1989 Md. LEXIS 11 (Md. 1989).

Opinion

COLE, Judge.

In this case we are asked to decide whether the three year statute of limitations (Md.Cts. & Jud.Proc.Code Ann. § 5-101 (1974, 1984 RepLVol., 1988 Cum.Supp.)) was tolled by the filing of a complaint against a deceased defendant, where the plaintiff relied on an incorrect docket entry indicating that the defendant had been served, when in fact service on the defendant was returned mortuus est. We set forth the facts which give rise to this issue.

On July 20, 1982, Rebecca Bergquist (the petitioner) and Edward Magalski were involved in an automobile accident. On May 20, 1985, two years and ten months after the accident, Rebecca and Charles Bergquist filed a complaint against Edward Magalski in the Circuit Court for Baltimore County, seeking damages for personal injuries and property damage arising out of the accident. Unknown to the Bergquists, Magalski had died in December, 1983; the Sheriff’s return of service filed with the court indicated his deceased status. However, the court clerk’s docket entry of May 28, 1985, relied upon by the Bergquists, incorrectly stated that Edward Magalski had been served.

[648]*648On August 14, 1985, more than three years after the accident, Mrs. Irene Magalski (Edward Magalski’s widow and the respondent herein), through her insurer, filed a motion to dismiss the Bergquists’ complaint on grounds of improper service. The court denied the motion to dismiss the action but quashed the service of process. On December 18, 1985, the Orphan’s Court for Baltimore County appointed Irene Magalski personal representative for her husband’s estate. Having learned of Edward Magalski’s death through the motion to dismiss, the Bergquists filed an amended complaint naming Irene Magalski, personal representative of Edward Magalski, as defendant. On November 20, 1986, the Honorable Leonard Jacobson of the Circuit Court for Baltimore County granted Irene Magalski’s motion for summary judgment, holding that the statute of limitations barred the claim. The Bergquists appealed to the Court of Special Appeals but we granted certiorari prior to argument in the intermediate appellate court.

The Bergquists contend that but for the erroneous docket entry, they would have learned of Mr. Magalski’s death in time to amend their complaint to name a proper defendant within three years of the date of the accident. Consequently, the Bergquists urge this Court to recognize an equitable or implied exception to the statute of limitations to enable their claim to be heard on the merits. On the other hand, Mrs. Magalski argues that it is within the province of the legislature, not the courts, to engraft equitable exceptions onto statutes of limitations. Magalski cites a long line of Maryland cases to support her position, including Booth Glass Co. v. Huntingfield Corp., 304 Md. 615, 623, 500 A.2d 641 (1985), where this Court stated, “[w]e have long adhered to the principle that where the legislature has not expressly provided for an exception in a statute of limitations, the court will not allow any implied or equitable exception to be engrafted upon it.”

We find it unnecessary to pass upon the specific question posed by the parties because in our view the facts of this [649]*649case fall within an exception to the statute of limitations expressly provided for by the legislature. We explain.

Two statutory provisions, Md. Estates and Trusts Code Ann. §§ 8-102(b) and 8-103(a) (1974, 1988 Cum.Supp.), control here. Section 8-102(b) provides as follows:

(b) Effect of death. — Subject to § 8-103(a), a period of limitations which would terminate, except for the death of the decedent, during the period from the death of the decedent until six months after the date of the first appointment of a personal representative, is automatically extended until six months after the date of the first appointment of a personal representative.

Section 8-103(a) states the following:

(a) General. — Except as otherwise expressly provided by statute with respect to claims of the United States and the state, all claims against an estate of a decedent, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are forever barred against the estate, the personal representative, and the heirs and legatees, unless presented within six months after the first appointment of a personal representative.

Section 8-102(b), in essence, provides that, subject to § 8-103(a), a period of limitations which would terminate during the period from the decedent’s death until six months after appointment of a personal representative, is automatically extended to six months after the appointment of the personal representative. Section 8-103(a) provides that all claims against a decedent’s estate, including those founded on tort, are forever barred unless presented within six months after appointment of the personal representative.

Under the facts here, the accident occurred on July 20, 1982, so that the statute of limitations would not bar suit until three years thereafter. Here, too, Edward Magalski died December 14, 1983. Thus, under § 8-102(b), Magalski’s death would have the effect of suspending the bar of [650]*650the statute until six months after his personal representative was appointed — or stated differently, until June 19, 1986. Since the amended complaint naming the personal representative as defendant was filed on December 24, 1985, it would appear that Bergquist’s suit was timely.1

At this point and under ordinary circumstances our resolution of the issue would be complete. However, because of the wording of the statute and the comment thereto appended by the Governor’s Commission to Study and Revise the Testamentary Laws of Maryland, we feel constrained to point out an incongruity.

First of all, a reading of § 8-102(b) indicates that the six month extension of the statute of limitations begins to run upon the appointment of the personal representative — an event with no fixed date and which may or may not ever occur.

Secondly, the comment to § 8-102(b) says that the extension of the period of limitations “is not intended to extend the period beyond what it would be if the period had not terminated during the six months as described.” At first blush, we find this comment to be unclear and confusing. By its terms, § 8-102(b)’s extension is intended to extend the period of limitations. What then did the commentator intend to explain? We turn to the history of the statute to gain some insight to its meaning.

Section 8-102 had its genesis in the second report of the Governor’s Commission to Study and Revise the Testamentary Laws of Maryland, published in 1968. The Commission’s report was thereafter known as the Henderson Report, after its chairman, The Hon. William L. Henderson, a former Chief Judge of this Court.

The Henderson Report’s version of § 8-102 provided as follows:

[651]*651No claim which was barred by any statute of limitations at the time of the decedent’s death shall be allowed or paid.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Booth Glass Co. v. Huntingfield Corp.
500 A.2d 641 (Court of Appeals of Maryland, 1985)
Zollickoffer v. Seth
44 Md. 359 (Court of Appeals of Maryland, 1876)

Cite This Page — Counsel Stack

Bluebook (online)
552 A.2d 904, 314 Md. 646, 1989 Md. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bergquist-v-magalski-md-1989.