[¶ 1] Edith and Donald Tesseo commenced this action by filing a complaint in the Superior Court (Penobscot County) on Monday, March 24, 1997. Their complaint alleges that Alta Brown negligently caused bodily injury to Edith Tesseo in an accident that occurred on March 21, 1991.
[¶2] The Tesseos contend that a suit commenced on Monday, March 24, 1997,
In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, or default after which the designated period begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a holiday....
[¶ 3] Brown contends that even if Rule 6(a) is applicable, the majority of both federal and state courts that have addressed the issue have concluded that the anniversary date of the accrual of the tort is the last day for instituting an action. Because the anniversary date was March 21, 1997, and that day was a Friday, the claim, filed after the 21st, would be untimely.
[¶ 4] Although in the past we have construed Rule 6(a) as applying only to statutes concerned with procedure, see Bellegarde Custom Kitchens v. Leavitt,
[¶5] Pursuant to rule 6(a) the six-year statute of limitations in 14 M.R.S.A. -§ 752 began running, not on March 21,1991, but on March 22, 1991.
[¶ 6] The Tesseos correctly assert that pursuant to 1 M.R.S.A. § 72(30), a “year” means a calendar year. The six-year period commencing on the day following the accrual of the cause of action, however, cannot end after the anniversary date of that accrual without exceeding the six-year limitation period. The Tesseos’ computation counts March 22nd twice: on the first day of the period, and again on the period’s purported final day. No complicated analysis is required to see that this would result in allowing the plaintiff precisely six years and one day in which to file suit. Title 14 M.R.S.A. § 752, however, provides that “[a]ll civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards.... ” (emphasis added).
[T]he plaintiffs were required to file their complaint within the three years next after March 30, 1991, which was the day after the events giving rise to the cause of action. We note that pursuant to [R.I. statute] the word “year” shall be construed to mean a calendar year. We therefore hold that ... the plaintiffs were required to commence suit, if at all, by March 29,1994, which date represents the three-year calendar anniversary of the cause of action.
Burke v. Rhode Island College,
[¶ 8] Because the anniversary date of the accident in this ease fell on March 21,1997, a Friday, the Tesseos cannot take advantage of the extension that M.R. Civ. P. 6(a) would allow if the anniversary date had fallen on a weekend or a holiday. See Dishon v. Oliver,
The entry is:
Judgment affirmed.
Notes
. The parties do not dispute that the accident occurred and the cause of action accrued on March 21, 1991.
. Title 14 M.R.S.A. § 752 (1980) provides:
§ 752. Six Years
All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the United States, or of any state or of a justice of the peace in this State, and except as otherwise specially provided.
. In Bellegarde, we concluded that Rule 6(a) was inapplicable to the computation of time under a materialman’s lien statute that required filing "within 90 days after the last of the labor or services are performed,” and that the filing of the plaintiff's action on Monday, although it was on the 91st day, could not be considered timely. Bellegarde,
. Title 1 M.R.S.A. § 71(12) provides in pertinent part:
12. Statutory time periods. The statutory time period for the performance or occurrence of any act, event or default which is a prerequisite to or is otherwise involved in or related to the commencement, prosecution or defense of any civil or criminal action or other judicial proceeding ... shall be governed by and computed under Rule 6(a) of the Maine Rules of Civil Procedure as amended from time to time....
.See also 51 Am.Jur.2d Limitation of Actions § 59 (1970) ("[T]he general rule followed in all but a few jurisdictions is that in the computation of time prescribed by a statute of limitations, the first day, or the day upon which the cause of action accrued, is to be excluded.").
. Many courts follow this anniversary-of-the-accrual-date rule without articulating the mechanical principle behind it. See Ciampa v. January, 1992 Mass.App.Div. 204,
