End of Term - Statute of Limitations

Stuyvesant v. Preston Cty Comm'n affirms the dismissal of a complaint as barred by the statute of limitations. Plaintiff's decedent hung himself in the county jail. Suit was filed over two years later, but the complaint asserted it was within two years of the family first learned that the decedent had medical treatment before his suicide. The Supreme Court found there was no allegation that a wrongful act related to the medical care caused the death:

More specifically, as per the fourth part of the Bradshaw test, the appellant failed to make even the barest of allegations in his complaint, or in any of his subsequent filings below, "that [a] wrongful act, neglect or default of that person or entity [had] a causal relation to the decedent's death." In that regard, the appellant's complaint did not allege, even upon information and belief, that the Sheriff fraudulently concealed or misrepresented material facts surrounding the death of [the decedent]. In that regard, the appellant states that the discovery of the invoice during the month after [the decedent's] death, in and of itself, caused the appellant to "doubt the Sheriff's assertion that [the decedent] committed suicide." Such a broad and disconnected allegation is woefully insufficient to allow for the statute of limitations to be tolled in this case. Had the appellant alleged any causal connection or nexus between his perception of the evasive reaction by the Sheriff in response to questions about the invoice and Mr. Daft's subsequent death by hanging, the result of this case may have been different. However, that is not the situation before this Court. Thus, the circuit court did not commit error in finding that there was no factual basis to permit application of the discovery rule.

This opinion is interesting for the Court's close focus (perhaps a la Twombly/Iqubal?) on what the pleadings state. I have argued several statute of limitations cases in our Court, and have advanced the argument that in "discovery rule" situations, plaintiffs should have to plead the facts required to excuse the late filing. This opinion comes the closest.