Georgia Pacific Corp. v. Benjamin

In this case we must interpret Md.Code (1974, 2002 Repl. Vol.), §§ 3-904(g)(2) and 5-113(b) to determine whether the “discovery rule” applies to toll the limitations period for filing wrongful death and survival actions relating to an occupational disease. In the present case, both the wrongful death and survival actions were filed more than three years after the injured person’s death. The Circuit Court for Baltimore City determined that both actions were barred by the statute of limitations and granted the defendants’ motion for summary judgment. On appeal, however, the intermediate…