Parker v. HamiltonAnnotate this Case
The circuit court erred in dismissing the minor Appellant’s wrongful death claims as untimely and erred in failing to consider that the time limitation to file a wrongful death action is tolled when the defendant engages in fraudulent conduct that prevents the plaintiffs from bringing a wrongful death action within three years from the date of death, pursuant to Md. Code Cts. & Jud. Proc. 5-203.
Cassandra Parker, Craig Parker’s mother, and Craig’s five-year-old child filed a complaint against William Hamilton alleging that Hamilton killed Craig and buried Craig’s remains in order to conceal his wrongdoing. The circuit court granted Hamilton’s motion to dismiss as to the wrongful death claims, concluding that they were time-barred under Md. Code Cts. & Jud. Proc. 3-904. The Court of Appeals reversed, holding that both Md. Code Cts. & Jud. Proc. 5-201, which operates to toll a minor plaintiff’s wrongful death claims during the period of his or her minority, and section 5-203.