Parker v. Hamilton
160 A.3d 615
Md.2017Background
- On August 22, 2009, William Hamilton shot and killed Craig Junior Parker. Parker was survived by his mother (Cassandra Parker) and an infant son, Z. Plaintiffs allege Hamilton buried the body to conceal the killing.
- On June 9, 2015, Cassandra Parker (individually and as personal representative) and Z. (then a minor) filed survival and wrongful death claims; amended complaint added a defendant and included wrongful death, survival, battery, gross negligence, and fraudulent conveyance counts.
- The Circuit Court dismissed the wrongful death counts as time‑barred under Md. Code, Cts. & Jud. Proc. § 3‑904 (three‑year wrongful death filing period), while allowing survival claims to proceed.
- Plaintiffs argued tolling applied under Cts. & Jud. Proc. § 5‑201 (tolling for minors) and § 5‑203 (fraudulent concealment). Defendant relied on Waddell v. Kirkpatrick to contend § 5‑201 did not toll wrongful death claims and argued fraud was not adequately pled.
- The Court of Appeals granted certiorari, held that the 1997 amendment to § 5‑201 (explicitly referencing Title 3, Subtitle 9) tolled wrongful death claims during minority, and found the amended complaint adequately pleaded facts of fraudulent concealment to invoke § 5‑203.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Md. Code, Cts. & Jud. Proc. § 5‑201 tolls wrongful death claims during minority | §5‑201 (as amended 1997) expressly includes Title 3, Subtitle 9 and therefore tolls wrongful death claims until minority ends | Waddell treats wrongful death filing requirement as a condition precedent not subject to §5‑201 tolling | Court: The 1997 amendment shows legislative intent to include wrongful death; §5‑201 tolls wrongful death claims during minority |
| Whether denying tolling would violate Article 19 (due process/equal protection) | Tolling denied would unconstitutionally deprive minors of their right to sue | Denial follows Waddell and historical treatment of wrongful death time limits | Court: Declined to decide constitutional issue because statutory interpretation of §5‑201 resolved the case |
| Whether plaintiffs adequately pleaded fraudulent concealment to invoke Md. Code § 5‑203 | Complaint alleges Hamilton murdered and concealed burial of decedent; such concealment is fraud that prevented discovery and tolled the limitations period | Fraud not specifically pled with sufficient particularity to toll the wrongful death period | Court: Allegations (murder and burial to conceal) and necessary inferences sufficiently plead fraud; §5‑203 applies to toll the period |
Key Cases Cited
- Waddell v. Kirkpatrick, 331 Md. 52 (1993) (held wrongful death filing period was a condition precedent and not subject to general tolling statute as then written)
- Geisz v. Greater Baltimore Medical Center, 313 Md. 301 (1988) (applied fraudulent‑concealment tolling to a wrongful death claim)
- Piselli v. 75th St. Med., 371 Md. 188 (2002) (addressed constitutional challenges to limitations rules as applied to minors)