202 A.3d 942
R.I.2019Background
- On Feb. 17–22, 2012, Daniel Santos was hospitalized after a car crash, deteriorated, and died; his partner Parrillo requested his medical records (provided Aug. 23, 2012).
- Parrillo sued Rhode Island Hospital and two physicians in Jan. 2014 for wrongful death; she amended once in Feb. 2014 (omitting one doctor).
- Discovery from the hospital in Feb.–Nov. 2015 was evasive; the hospital finally identified Dr. Shea Gregg as an attending physician on Feb. 3, 2016.
- Parrillo obtained leave to add Dr. Gregg and filed a second amended complaint in Apr. 2016—more than four years after Santos’s death.
- Dr. Gregg moved for summary judgment arguing the wrongful-death statute (G.L. § 10-7-2) had expired; the Superior Court granted judgment for Gregg and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 10-7-2 tolls until plaintiff discovers identity of alleged tortfeasor | Parrillo: statute tolled because she could not, with reasonable diligence, discover Dr. Gregg’s role until hospital identified him in 2016 | Gregg: tolling under § 10-7-2 concerns discovery of the wrongful act, not the actor; Parrillo knew (or should have known) of wrongful conduct earlier | Court: Tolling attaches to discovery of the wrongful act/neglect, not the tortfeasor’s identity; claim against Gregg is time-barred |
| Whether receipt of medical records (Aug. 23, 2012) or date of death triggers the statute | Parrillo: at least tolling should run from discovery of records (or later, when Gregg was identified) | Gregg: wrongful-act discovery occurred by Aug. 23, 2012 (and possibly at death) because records and facts put Parrillo on notice | Court: plaintiff knew or should have known of the wrongful conduct by Aug. 23, 2012 (if not earlier); regardless, Gregg added after three-year period |
| Whether the complaint relates back under Super. R. Civ. P. 15(c) | Parrillo: implied relation-back arguments | Gregg: no evidence Gregg knew of claim such that amendment relates back | Court: Relation-back not shown at trial-court level; Parrillo does not appeal that ruling |
| Whether § 9-1-20 (fraudulent concealment) tolled limitations due to hospital’s evasive discovery responses | Parrillo: hospital’s interrogatory answers concealed Gregg’s role, invoking tolling | Gregg: § 9-1-20 requires concealment by party asserting the defense; plaintiff does not allege concealment by Gregg | Court: § 9-1-20 inapplicable—no allegation that Gregg concealed claim; hospital’s opaque answers insufficient to toll versus Gregg |
Key Cases Cited
- O’Connell v. Walmsley, 156 A.3d 422 (R.I. 2017) (wrongful-death discovery rule focuses on discovery of the wrongful act, not the actor)
- O’Sullivan v. Rhode Island Hosp., 874 A.2d 179 (R.I. 2005) (medical-malpractice context where statute began to run upon discovery of wrongful act suggested by records; identity of actor not dispositive)
- Benner v. J.H. Lynch & Sons, Inc., 641 A.2d 332 (R.I. 1994) (automobile accident claims accrue at time of accident; plaintiffs put on notice then)
- Ashey v. Kupchan, 618 A.2d 1268 (R.I. 1993) (discovery date is when plaintiffs knew or should have known of the wrongful act, not when expert later confirmed suspicions)
- Pari v. Corwin, 620 A.2d 86 (R.I. 1993) (tolling unavailable where plaintiffs were aware soon after death that delays likely contributed to death)
- Grossi v. Miriam Hosp., 689 A.2d 403 (R.I. 1997) (§ 9-1-14 tolling unavailable when plaintiff knew injury but not identity of doctor)
- Renaud v. Sigma-Aldrich Corp., 662 A.2d 711 (R.I. 1995) (discovery rule concerns discovery of the injury/wrongful conduct, not identity of responsible party)
- Meyette v. Leach, 651 A.2d 1229 (R.I. 1994) (medical records available to plaintiff negate claim of latent/undiscoverable negligence)
- United States v. Kubrick, 444 U.S. 111 (U.S. 1979) (statutes of limitations may bar otherwise valid claims; that is their purpose)