Legal Opinion · Dissent

Smith v. Bethlehem Steel Corp.

Court of Appeals of Maryland

Decided June 3, 1985No. Misc. No. 10, September Term, 1984Published

1DissentEldridge, Judge

I disagree with the majority’s interpretation of Maryland Code (1957, 1979 Repl.Vol., 1984 Cum.Supp.), Art. 101, § 58.

*235The Court holds that the second paragraph of § 58 tolls the running of unexpired limitations for an action against a third party tortfeasor during the two months following a compensation award to an injured worker. There is nothing in the second paragraph of § 58 supporting such an interpretation. Moreover, the majority’s interpretation is directly contrary to the language used by the General Assembly. Section 58 plainly states that “the period of limitations for such action,…

2Cases cited6 opinions

  1. American Bonding Co. v. National Mechanics BankCourt of Appeals of Maryland · 1903
  2. Johnson v. MilesCourt of Appeals of Maryland · 1947
  3. Western Maryland Railway Co. v. Employers' Liability Assurance Corp.Court of Appeals of Maryland · 1932
  4. Gray v. State Roads CommissionCourt of Appeals of Maryland · 1969
  5. Northwest'n Nat. Ins. Co. v. RosoffCourt of Appeals of Maryland · 1950

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