Dawn M. Parrillo, Administratrix of the Estate of Daniel Santos v. Rhode Island Hospital et al.

Summary

The Rhode Island Supreme Court affirmed summary judgment for a physician in a wrongful-death medical-malpractice action. The court held that Rhode Island's wrongful-death statute of limitations is triggered by discovery of the wrongful act, neglect, or default, rather than discovery of the identity of the alleged tortfeasor. Because the plaintiff knew or should have known of the alleged wrongful conduct within the statutory period but added the physician more than three years after the decedent's death, the claim was time-barred.

Holdings

1. Under Rhode Island General Laws § 10-7-2, the limitations period is triggered by discovery, or the reasonable-diligence discoverability, of the wrongful act, neglect, or default causing death, not by discovery of the identity of the alleged tortfeasor.
2. Parrillo's wrongful-death claim against Dr. Gregg was time-barred because the alleged wrongful conduct was discoverable no later than August 23, 2012, when she received Santos's medical records, and Gregg was not added until more than three years later.
3. Summary judgment for Dr. Gregg was proper because the wrongful-death claim against him was barred by the statute of limitations.

Questions Presented

1. Whether Rhode Island's wrongful-death statute of limitations is tolled until a plaintiff discovers the identity of a particular alleged tortfeasor.
2. Whether Parrillo's claim against Dr. Gregg was time-barred under Rhode Island General Laws § 10-7-2.
3. Whether summary judgment was properly entered for Dr. Gregg.

Disposition

affirmed