719 A.2d 963 | D.C. | 1998
Jacques Flemmings, a Metropolitan Police officer, was shot and killed by his girl friend, Vene Lagon, who was also a Metropolitan Police officer. Appellant, Officer Flemmings’ mother and the personal representative of his estate, brought this negligence action against the District of Columbia under the wrongful death
In Morgan v. District of Columbia, 468 A.2d 1306 (D.C.1983) (en banc), a police officer shot and wounded his estranged wife and son, then shot and killed his wife’s father. The officer had a prior history of
There is an additional, independent ground for affirmance of at least the dismissal of the wrongful death claim. Officer Flemmings was killed on March 16,1991, but appellant’s complaint was not filed until December 30, 1993. The statute of limitations for a wrongful death action, D.C.Code § 16-2702 (1997), requires that the action be filed “within one year after the death of the person injured.” The statute may be tolled only on a showing of “fraudulent concealment of the existence of a cause of action-” Emmett v. Eastern Dispensary & Casualty Hospital, 130 U.S.App.D.C. 50, 55, 396 F.2d 931, 936 (1967). Appellant, however, expressly states at page 7 of her brief that she makes no claim of fraudulent concealment,
The order from which this appeal is taken is accordingly
Affirmed.
. D.C.Codei 16-2701 (1997).
. D.C.Code § 12-101 (1995).
. The officer was later convicted of first-degree murder and two counts of assault with intent to kill while armed. See Morgan v. United States, 363 A.2d 999 (D.C.1976), cert. denied, 431 U.S. 919, 97 S.Ct. 2187, 53 L.Ed.2d 231 (1977). In the instant case, Officer Lagon was also tried for first-degree murder but was acquitted, apparently on the ground of self-defense.
. E.g., Hines v. District of Columbia, 580 A.2d 133 (D.C.1990); Wanzer v. District of Columbia, 580 A.2d 127 (D.C.1990); Klahr v. District of Columbia, 576 A.2d 718 (D.C.1990); Akins v. District of Columbia, 526 A.2d 933 (D.C.1987); Platt v. District of Columbia, 467 A.2d 149 (D.C. 1983); Warren v. District of Columbia, 444 A.2d 1 (D.C.1981) (enbanc).
. South v. Maryland, 59 U.S. (18 How.) 396, 15 L.Ed. 433 (1856).
. In only one case have we found such a special relationship to exist, and in that instance it was based on a statute that specifically created certain rights and protections for members of a designated class (abused and neglected children). Turner v. District of Columbia, 532 A.2d 662 (D.C.1987). The facts of the instant case are not remotely comparable to the facts in Turner.
. Appellant’s reliance on internal police regula-' tions and general orders is of no avail. See Morgan, 468 A.2d at 1317-1318. What the case law requires in order to create a special relationship is "an affirmative undertaking to protect a particular individual....” Id. at 1314. No such undertaking has been shown or alleged here.
. Indeed, she could not, for the facts alleged in her complaint do not establish fraudulent concealment. See Cevenini v. Archbishop of Washington, 707 A.2d 768, 773-774 (D.C.1998); William J. Davis, Inc. v. Young, 412 A.2d 1187, 1191 (D.C.1980) (statute is tolled only when “the basis of a cause of action" is fraudulently concealed); Emmett, supra, 130 U.S.App.D.C. at 56, 396 F.2d at 937 (only "fraudulent concealment of information the moving party needs in order to determine whether there is a litigable dispute " will toll the statute (emphasis added)). From the beginning, appellant had all the information she needed in order to file suit. Even if the District withheld certain details from her, as she alleges, those details were not essential to her claim but were, at most, potentially useful bits of evidence if the case ever went to trial.
. We need not address the District’s additional arguments.