The Statute Of Limitations For Wrongful Death Actions

Filed On:
September 15, 2005

Russell and Antoinette Pennock, in their individual capacities and on behalf of the estate of Daniel Pennock, appeal the order of the Court of Common Pleas of Dauphin County (common pleas) dismissing their complaint with prejudice on the basis that plaintiffs’ wrongful death and survival actions are barred by the two year statute of limitations imposed by 42 Pa. C.S. § 5524(2). Plaintiffs’ teenage son, Daniel, died on April 1, 1995, after contracting both rotavirus and  staphylococcus infections.

Nearly eight years later, on February 21, 2003, plaintiffs filed a complaint alleging that Daniel’s death was caused by
prolonged exposure to sewage sludge from a neighboring farm. In their complaint, plaintiffs asserted that they could not reasonably know until February 25, 2001 (when they read a newspaper article discussing a connection between sewage sludge and infections) how Daniel had contracted the infections which caused his death.

Statute:
Under 42 Pa. C.S. § 5524(2), “[a]n action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another” must be commenced within two years.

Conclusion:
It cannot be said that our supreme court’s refusal to apply the discovery rule to wrongful death and survival claims, which would not exist but for the grace of the Pennsylvania legislature, has any impact on the vitality of the nation.  Accordingly, we see no constitutional error in common pleas’ application of Pastierik to the present case. Further, we agree with the trial court that, as their claims are barred by 42 Pa. C.S. § 5524(2), granting plaintiffs leave to amend their complaint would be fruitless,10 and thus affirm the dismissal of plaintiffs’ complaint with prejudice.

Judge:
Bonnie Brigance Leadbetter