Donley v. Bracken

Decision Date08 December 1994
Docket NumberNo. 22254,22254
Citation452 S.E.2d 699,192 W.Va. 383
CourtWest Virginia Supreme Court
PartiesMichele Lee DONLEY, an Incompetent, who Sues by Margaret Maureen Donley, Natural Parent and Next Friend of Michele Lee Donley, and Margaret Maureen Donley and Vincent W. Donley, Individually and in their Own Right, Plaintiffs Below, Appellants v. Samuel J. BRACKEN, Jr., M.D.,; John Battaglino, Jr., M.D.; Herman Rubin, M.D.; Rubin, Battaglino & Bracken, a Medical Partnership; and Wheeling Hospital, Inc., a Corporation, Defendants Below, Appellees.

Syllabus by the Court

1. In order for a permanently incompetent person to maintain a viable and timely action under W.Va.Code, 55-2-15 (1923), the lawsuit must be brought within twenty years of the date of the wrongful act and the injury.

2. "Mere ignorance of the existence of a cause of action or of the identity of the wrongdoer does not prevent the running of the statute of limitations; the 'discovery rule' applies only when there is a strong showing by the plaintiff that some action by the defendant prevented the plaintiff from knowing of the wrong at the time of the injury." Syllabus Point 3, Cart v. Marcum, 188 W.Va. 241, 423 S.E.2d 644 (1992).

3. " 'When the constitutionality of a statute is questioned every reasonable construction of the statute must be resorted to by a court in order to sustain constitutionality, and any doubt must be resolved in favor of the constitutionality of the legislative enactment.' Point 3, Syllabus, Willis v. O'Brien, 151 W.Va. 628 [ (1967) ]." Syllabus Point 1, State ex rel. Haden v. Calco Awning & Window Corp., 153 W.Va. 524, 170 S.E.2d 362 (1969).

4. " ' "In considering the constitutionality of a legislative enactment, courts must exercise due restraint, in recognition of the principle of the separation of powers in government among the judicial, legislative and executive branches. [ W.Va. Const. art. V, § 1.] Every reasonable construction must be resorted to by the courts in order to sustain constitutionality, and any reasonable doubt must be resolved in favor of the constitutionality of the legislative enactment in question. Courts are not concerned with questions relating to legislative policy. The general powers of the legislature, within constitutional limits, are almost plenary. In considering the constitutionality of an act of the legislature, the negation of legislative power must appear beyond reasonable doubt." Syl. pt. 1, State ex rel. Appalachian Power Co. v. Gainer, 149 W.Va. 740, 143 S.E.2d 351 (1965).' Syl. pt. 2, West Virginia Public Employees Retirement System v. Dodd, 183 W.Va. 544, 396 S.E.2d 725 (1990)." Syllabus Point 4, Tony P. Sellitti Const. Co. v. Caryl, 185 W.Va. 584, 408 S.E.2d 336 (1991).

5. The twenty year cap in W.Va.Code, 55-2-15 (1923), is reasonably related to the legislative goal of preventing stale law suits and the failure to impose a similar cap on competent persons does not adversely discriminate against the mentally disabled.

William E. Parsons II, Parsons, Thompson & Kelly, Wheeling, for appellants.

Landers P. Bonenberger, McDermott, Bonenberger, McDermott & Gallaway, Wheeling, for appellees Samuel J. Bracken, Jr., M.D., John Battaglino, Jr., M.D., Herman Rubin, M.D., and Rubin, Battaglino & Bracken.

James F. Companion, Patrick S. Casey, and D. Kevin Coleman, Schrader, Recht, Byrd, Companion & Gurley, Wheeling, for appellee Wheeling Hosp., Inc.

CLECKLEY, Justice:

In this medical negligence case, the appellants and plaintiffs below, Margaret Maureen Donley and Vincent W. Donley, brought suit on behalf of their daughter, Michele Lee Donley, an incompetent, for injuries Michele suffered during her delivery in May of 1970. The Donleys also filed suit for their derivative claims. They appeal an order of the Circuit Court of Ohio County entered November 16, 1993, which granted summary judgment in favor of the appellees and defendants below, the physicians, medical partnership and hospital. 1 The plaintiffs argue that W.Va.Code, 55-2-15 (1923), 2 the statute relied upon, violates the Equal Protection and Due Process Clauses of the West Virginia State Constitution. They request that we apply the "discovery rule" and order the circuit court to reinstate the action. We find that W.Va.Code, 55-2-15, is constitutional, and we affirm the order of the circuit court.

I.

On May 22, 1970, Michele Donley was born vaginally, but in a breech position. Shortly after her birth, Michele's parents 3 were informed that she was deprived of oxygen during delivery, suffered brain damage, and developed cerebral palsy. It is undisputed that Michele has always been and will always be incompetent to handle her own affairs. She was raised by her parents until 1989 when she moved to a group home for the mentally handicapped.

During her deposition, Margaret Donley admitted that from the time Michele was born, she and her husband felt that "the doctor had done something wrong." In 1975, Mrs. Donley went to another doctor for the prenatal care of her second child because she did not want Dr. Bracken to deliver the baby after what had happened with Michele.

Likewise, Vincent Donley stated that he had immediate suspicions that the doctor's negligence caused Michele's injuries. After Michele was born, he overheard two nurses discussing a birth at the hospital which developed complications and the doctor panicked and ran out of the delivery room. He told his wife of the conversation, but he was unable to determine if they were referring to Michele's birth. However, he accepted Michele's condition, as his grandparents told him it was something that was meant to be.

The plaintiffs did not seriously entertain the thought of filing a suit for medical negligence until 1990 when Mrs. Donley spoke to a mother who had filed a lawsuit after her son sustained birth injuries. This woman suggested that Mrs. Donley speak with an attorney. The Donleys' first contact with a lawyer concerning Michele's claim occurred in March, 1991, and this complaint was filed on December 8, 1992.

The defendants moved for summary judgment, arguing that Michele's claim and her parents' derivative claims were barred by W.Va.Code, 55-2-15, because the claims were brought more than twenty years after the cause of action had accrued. The circuit court concluded the limitation period was applicable to this case and the suit was dismissed. The plaintiffs appeal.

II.

The plaintiffs first contend that the circuit court erred as a matter of law when it granted the defendants' motion for a summary judgment. Although there is no genuine dispute over the facts, the plaintiffs specifically argue that the circuit court misconstrued W.Va.Code, 55-2-15, when it held that the twenty year time period was applicable. In support of this conclusion, the plaintiffs suggest that the word "accrue" must be interpreted to toll the statute of limitations until the victim discovers the injury and the cause thereof.

As we state in Syllabus Point 1 Painter v. Peavy, 192 W.Va. 189, 451 S.E.2d 755 (1994), "[a] circuit court's entry of summary judgment is reviewed de novo." The issue presented here, however, is not a question of fact but one of statutory interpretation. In this context, the plaintiffs urge us to give the word "accrue" both an expansive and liberal construction so as to bring within its coverage the "discovery rule." We refuse to do so and hold that the circuit court's interpretation of this statute was correct.

To address the issue raised by the plaintiffs, we must first examine the statutory language, bearing in mind that courts should give effect to the legislative will as expressed in the language of the statute. Moskal v. United States, 498 U.S. 103, 111 S.Ct. 461, 112 L.Ed.2d 449 (1990); Landreth Timber Co. v. Landreth, 471 U.S. 681, 105 S.Ct. 2297, 85 L.Ed.2d 692 (1985). Interpreting a statute is a legal issue, and hence our review of the statute is plenary.

Generally, in examining statutory language, words are given their common usage. If the statutory language is plain and admits of no more than one meaning, and within the constitutional authority of the law-making body which passed it, the duty of interpretation does not arise, and the rules which are to aid ambiguous language need no discussion. State of West Virginia ex rel. Estes v. Egnor, 191 W.Va. 36, 443 S.E.2d 193 (1994); West Virginia Radiologic Tech. Bd. of Examiners v. Darby, 189 W.Va. 52, 427 S.E.2d 486 (1993); see United States v. Ron Pair Enters., Inc., 489 U.S. 235, 109 S.Ct. 1026, 103 L.Ed.2d 290 (1989); United States v. Turkette, 452 U.S. 576, 101 S.Ct. 2524, 69 L.Ed.2d 246 (1981); Caminetti v. United States, 242 U.S. 470, 37 S.Ct. 192, 61 L.Ed. 442 (1917).

We find that the language of the statute is clear on its face. First, this statute applies only to those plaintiffs suffering from disabilities such as infancy or incompetency. Second, if such a disability exists, then the normal two year statute of limitations is tolled up to two years after the plaintiff has attained the age of majority or has become sane. Third, in cases where the disability has not been cured earlier, the plaintiff has twenty years from the date the cause of action "accrued" 4 to bring a lawsuit. Because Michele was an "infant" and "incompetent" when the cause of action accrued, the normal two year statute of limitations was tolled and a plaintiff would have had two years after attaining the age of majority or becoming "competent" to perfect a lawsuit. It is conceded, however, that Michele is permanently incompetent and this disability will never be lifted. Therefore, the twenty year provision of W.Va.Code, 55-2-15, is triggered on account of her permanent disability. We conclude that the legislature simply has not provided for any further equitable tolling or application of the "discovery rule." To rule as plaintiff urges would be totally inconsistent with...

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