Articles Posted in Minors

Thanks to Delegate C.T. Wilson’s persistent effort, the Maryland General Assembly passed and Governor Larry Hogan signed into law House Bill 642 on April 4, 2017.  The new law provision extends the statute of limitations for victims of sexual abuse to sue offenders and the individuals, organizations and/or government entities who allowed the abuse to occur.

Maryland’s previous statute of limitations provided that child sex abuse victims only had to age 25 to sue (seven years from the date the victim reached the age of majority). The new law extends the statute of limitations to age 38. Although the law is a huge step forward, there are a couple of important things to note.

The Law Requires Gross Negligence to Sue Responsible Third Parties

Very sad news coming out of Anne Arundel County , Maryland this morning. The Baltimore Sun is reporting that Ashley Nicole Meyers was “attempting to cross Ritchie Highway near Hamburg Street in Pasadena when she was struck by a northbound 1999 Nissan Sentra about 5:47 p.m.” yesterday. Police are reporting that the child was wearing dark clothing at dusk and crossed the busy highway at a place not designated for pedestrian crossings. The girl was pronounced dead at Baltimore Washington Medical Center an hour later.

Our hearts go out to the family and friends of both the child and the unnamed driver of the vehicle that struck her. There is no report-at this time-that drugs or alcohol played a part in this motor vehicle accident.

 

For more information, or a free consultation, please contact the Maryland personal injury lawyers of Silverman, Thompson, Slutkin & White, LLC. or call Steve Silverman at 410-385-2226.

When a minor (under 18 years of age) brings suit in Maryland for a personal injury, the lawyer will bring the suit under the “next friend”. This person is either the parent or the guardian of the minor.

Specifically, Md. Rule 2-202 (2006) provides that a parent has the exclusive authority to sue on behalf of his/her minor child for the period of one year of the accrual of the cause of action. After the period of one year and person “interested in the minor” shall have the right to institute suit on behalf of the minor.

While the parent as “next friend” is often the named Plaintiff in the case they are considered a non-party in the eyes of the court. Parker v. Housing Authority of Baltimore City, 129 Md. App. 482 (1999) (“The [next friend] is, in contemplation of law, admitted by the court to prosecute for the infant; though, according to the practice of our courts, never by any actual order passed for that purpose….Maryland Rule 2-423 does not authorize the circuit court to order an examination of a non-party next friend.”).

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