Monica Anderson v. Estate of Mary D. Wood
Monica Anderson v. Estate of Mary D. Wood
Opinion
**525 The plaintiff, Monica Anderson, appeals a decision of the Superior Court ( O'Neill , J.) dismissing her personal injury action against the defendant, the Estate of Mary D. Wood, as time-barred by RSA 508:4 (2010). We reverse and remand.
The following facts are taken from the trial court's orders; the procedural history is taken from the record before us. On April 5, 2013, the plaintiff was involved in a motor vehicle accident with a vehicle driven by Mary D. Wood (Wood). The plaintiff commenced suit by complaint dated March 25, 2016, alleging that Wood had caused her injury by negligently rear-ending her vehicle. The complaint was mistakenly served on Wood's daughter, who was also named Mary D. Wood. The daughter moved to dismiss on the grounds that Wood had passed away on January 22, *928 2015, and the plaintiff **526 had no cause of action against the daughter, who was neither the administrator of Wood's estate nor had any legal relationship with, or legal duty to, the plaintiff.
On April 29, 2016, the plaintiff moved to amend her complaint to substitute the Estate of Mary D. Wood for Mary D. Wood as the defendant. The plaintiff's motion alleged that she had filed a petition for estate administration for the Estate of Mary D. Wood and that she would serve notice of the action on the estate once the circuit court ruled on that petition.
On June 30, 2016, the trial court dismissed the action, ruling, sua sponte , that it did not have subject matter jurisdiction. The court noted the plaintiff's concession that she had filed the action against the wrong defendant, but concluded that it could not grant her motion to amend because there was "nothing in the record to suggest ... that an Estate of Mary D. Wood presently exists." The parties did not dispute that Wood died intestate and no estate had been opened immediately following her death. The court acknowledged the plaintiff's allegation that she had sought to open an estate, but noted that the plaintiff had not provided "any documentation demonstrating that the [circuit court] ever issued a grant of administration of said estate." Accordingly, the court dismissed the action, ruling that "there is presently no legal entity that can be properly substituted for the current defendant such that this Court would possess subject matter jurisdiction over this action pursuant to RSA 556:7." See RSA 556:7 (2007).
In August 2016, a certificate of appointment was issued, naming an administrator of the Estate of Mary D. Wood. The plaintiff filed her complaint in the instant action on April 4, 2017. The defendant moved to dismiss, arguing that the statute of limitations had run on the claim.
The trial court granted the motion to dismiss. The court ruled that because the action "is one for personal injury, and it was not pending until after [Wood's] death[,] ... said action falls within the purview of RSA 556:11, and is thus subject to the limitations of RSA 508:4." See RSA 508:4 ; RSA 556:11 (2007). The court further ruled:
It is undisputed that the accident giving rise to the present cause of action occurred on April 5, 2013. Therefore, in order to satisfy the three-year statute of limitations period set forth in RSA 508:4, the plaintiff was required to file the present action by April 5, 2016. Because the present action was filed April 4, 2017, nearly one year after the three-year statute of limitations had run, the Court finds that the plaintiff's claim is time-barred by RSA 508:4.
This appeal followed.
**527 We first set forth our standard of review.
In reviewing a trial court's ruling on a motion to dismiss, we generally consider whether the [plaintiff's] allegations are reasonably susceptible of a construction that would permit recovery. The [defendant], however, moved to dismiss based exclusively upon the statute of limitations. The statute of limitations is an affirmative defense and the [defendant] bear[s] the burden of proving that it applies.
State v. Lake Winnipesaukee Resort
,
On appeal, the plaintiff argues, among other things, that the trial court misapplied RSA 556:11 in dismissing her
*929
complaint. That statute provides: "If an action is not then pending, one may be brought for such cause at any time within 6 years after the death of the deceased party, subject to the provisions of RSA 508." RSA 556:11. Citing
Coffey v. Bresnahan
,
The defendant, on the other hand, argues that in
Cheever v. Southern New Hampshire Regional Medical Center
,
The parties' arguments require us to interpret both our prior case law and the applicable statutory provisions.
In matters of statutory interpretation, we are the final arbiter of legislative intent as expressed in the words of the statute considered as a whole. We first examine the language of the statute and ascribe the plain and ordinary meanings to the words used. We **528 interpret legislative intent from the statute as written and will not consider what the legislature might have said or add language that the legislature did not see fit to include. Unless we find statutory language to be ambiguous, we will not examine legislative history.
Balise v. Balise
,
In
Coffey
, we applied a prior version of RSA 556:11, which provided: "If an action is not then pending, and has not already become barred by the statute of limitations, one may be brought for such cause at any time within two years after the death of the deceased party, and not afterwards." RSA 556:11 (1974) (amended 1983);
see
Coffey
,
That conclusion, we noted, "d[id] not end the matter, ... for there is an additional requirement in RSA 556:11 ; that is, the suit must not have already become barred by the statute of limitations in RSA 508:4."
Id. at 691-92,
We think that the words of [ RSA 556:11 ], "has not already become barred" mean an action which has not *930 become barred at the time of the death of the deceased party.
In other words section 11 permits suits within a designated period after the decedent's death on all claims not already barred at the time of such death by the general statute of limitations.
Perutsakos
,
In 1983, the legislature amended RSA 556:11 to its present form. The plaintiff implicitly contends that this amendment did not abrogate our **529 decisions in Coffey and Perutsakos , as she asserts that she satisfied RSA 556:11's requirement that her claim must not have been barred by RSA 508:4 at the time of Wood's death. We agree.
We have long held that when the legislature amends a statute, it "is presumed to [be] cognizant of the interpretation put upon the statute by the court."
Waterman v. Lebanon
,
In
Petition of CIGNA Healthcare
,
Here, nothing in the plain language of RSA 556:11, as amended, clearly evinces an intent to abrogate the holdings of
Coffey
and
Perutsakos
. The pertinent language was changed from "has not already become barred by the statute of limitations," RSA 556:11 (1974) (amended 1983), to "subject to the provisions of RSA 508," RSA 556:11. We interpret this amended language as consistent with the holdings of
Coffey
and
Perutsakos
. Accordingly, we conclude that the 1983 amendment to RSA 556:11 was not intended to, and did not,
*931
abrogate our interpretation of that
**530
statute in
Coffey
and
Perutsakos
.
See, e.g.
,
Havens
,
We now must determine whether the plaintiff's claim was brought within the applicable limitations period. We first note two events subsequent to the amendment of RSA 556:11 that impact that determination. First, in 1986, RSA 508:4 was amended to, among other things, change the six-year limitations period to three years.
See
Laws 1986, 227:12. Subsequently, we decided
Cheever
, the case relied upon by the defendant. In
Cheever
, the plaintiff commenced a wrongful death action against a doctor and a hospital on March 31, 1995, alleging negligence in the care given to the decedent on April 7, 1989, the date he died.
Cheever
,
The six-year period referenced in RSA 556:11 is, by the express terms of the statute, "subject to the provisions of RSA 508." ... The plain meaning of the phrase "subject to" indicates that the six-year period set forth in the statute is subservient to or governed by the provisions of RSA chapter 508. Thus, because we construe statutes to effectuate their evident purpose, the applicable statute of limitations period in this instance must be three years.
In light of
Cheever
, we cannot agree with the plaintiff's assertion that the applicable limitations period is six years:
Cheever
clearly holds that it is three years.
Because the plaintiff's claim was not time-barred by RSA 508:4 at the time of Wood's death and the instant suit was *932 brought within three years of Wood's death, the action is timely. Accordingly, we reverse the grant of the defendant's motion to dismiss and remand for further proceedings. In light of our holding on this issue, we need not address the remaining issues on appeal.
Reversed and remanded .
LYNN, C.J., and BASSETT, HANTZ MARCONI, and DONOVAN, JJ., concurred.
Reference
- Full Case Name
- Monica ANDERSON v. ESTATE OF Mary D. WOOD
- Cited By
- 5 cases
- Status
- Published