45 A.3d 305
Md. Ct. Spec. App.2012Background
- Appellant Sheng Bi alleged bodily injury from an automobile collision in Baltimore City on April 4, 2005.
- Bi filed a complaint in the Baltimore City Circuit Court on March 12, 2008, within the three-year limitations window.
- Bi voluntarily dismissed the 2008 complaint on September 10, 2008, before an answer was filed.
- Bi refiled a negligence complaint on March 6, 2009 asserting the same facts as the previous complaint.
- The circuit court granted Gibson’s motion to dismiss as time-barred; revision and appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether refiling after a voluntary dismissal relates back to the initial action | Bi argues refiling relates back to the first complaint. | Gibson contends the second complaint is a new claim not tolled by prior dismissal. | No relation back; bar of limitations applies. |
Key Cases Cited
- Doe v. Archdiocese of Washington, 114 Md.App. 169 (Md. App. 1997) (limits purposes; strict construction of limitations)
- Decker v. Fink, 47 Md.App. 202 (Md. App. 1980) (statutes of limitations must be strictly construed)
- Young v. Mayne Realty Co., 48 Md.App. 662 (Md. App. 1981) (courts enforce Legislature's limitations without creating exceptions)
- McMahan v. Dorchester Fertilizer Co., 184 Md. 155 (Md. 1944) (principle against judicially creating exemptions from limitations)