Medeiros v. Unsatisfied Claim and Judgment Fund Bd.

• Decision Date: 30 June 1971
• Docket Number: No. 483,483
• Citation: Medeiros v. Unsatisfied Claim and Judgment Fund Bd., 278 A.2d 605, 263 Md. 10 (Md. 1971)
• Parties: John J. MEDEIROS v. UNSATISFIED CLAIM AND JUDGMENT FUND BOARD.
• Court: Maryland Court of Appeals

Page 10

263 Md. 10

278 A.2d 605

John J. MEDEIROS v. UNSATISFIED CLAIM AND JUDGMENT FUND BOARD.

No. 483.

Court of Appeals of Maryland.

June 30, 1971.

BARNES, Judge.

The appellant, John J. Medeiros, 53 years of age, while a pedestrian was struck by a hit and run driver of an automobile on March 16, 1968, at the intersection of Clifton and Chelsea Terrace in Baltimore City. Not having given the appellee, the Unsatisfied Claim and Judgment Fund Board (the Fund), notice of his intention to make a claim against the Fund within 180 days of the time of the accident as provided in Code (1970 Repl.Vol.), Art. 66 1/2, § 7-606(a)-formerly § 154(a) of Art. 66 1/2-Ch. 836 of the Laws 1957, as amended, Medeiros contends that he comes within the statutory provision that in lieu of that notice, he proved at the hearing on his application to the Superior Court of Baltimore City (Grady, J.) for leave to sue the Fund that 'he was physically incapable of giving the notice within the period and that he gave the notice within 30 days after he became physically capable to do so.' Judge Grady, in a carefully considered memorandum filed after the taking of testimony and the consideration of memoranda submitted by counsel for the respective parties, found as a fact that Medeiros 'was physically capable of communicating with those around him concerning his affairs in general and was physically capable of giving the required notice of claim to the Fund during the critical period.' He denied his petition for leave to sue the Fund for this reason. The sole question presented to us is whether Judge Grady's findings of fact were clearly erroneous, see Maryland Rule 886, and his conclusion, based on those findings, was in error. Finding no error, we shall affirm the lower court's order of October 30, 1970, denying leave to sue the Fund.

The appellant, Medeiros, was quite seriously injured as a result of the accident. Judge Grady in his opinion in the lower court summarized the extensive hospital reports as follows:

'Plaintiff (Medeiros) was removed from the scene of the accident on March 16, 1968, by ambulance and taken to the Lutheran Hospital. He was found to have sustained a compound fracture, left femoral shaft and condyles; comminuted fracture of left humerus; fracture of pelvis (left pubic remi and sacro-iliac joint); repture of prostatic urethra; and rupture of bladder. On April 2 and April 10, 1968, plaintiff underwent surgery to repair the fractures of the femur and pelvis. On May 28, 1968, he was discharged from Lutheran Hospital in satisfactory condition and transferred to Montebello State Hospital for continued convalescence, where he remained until October 30, 1968. On that date he was taken to the University of Maryland Hospital where the pin which had been used in the reduction of the femoral fracture was removed. Plaintiff was returned to the Montebello State Hospital where he remained until at least August 7, 1969.'

Medeiros submitted evidence indicating that his notice of claim was filed through his counsel on November 11, 1968, after Medeiros had communicated with counsel through a friend from whom he first learned, while at the University Hospital (October 30, 1968, through November 5, 1968), that Medeiros might have a claim against someone.

There was also evidence in the lower court that Officer William Booz, of the Accident Investigation Division, Baltimore City Police Department, investigated the accident after having been called by another pedestrian who had seen the accident. Officer Booz obtained information from the pedestrian that the hit and run car was a late model Cadillac convertible, white in color, which appeared to have been driven by a black male, who could not be described more fully. The license number of the car was not obtained. Medeiros was in a serious condition and Officer Booz did not think he would survive. While at the Lutheran Hospital, however, Medeiros telephoned Officer Booz (he could not recall the date) and informed the officer that a man in the grocery store on Clifton Avenue might have some information in regard to the accident. Officer Booz went to see Medeiros at the Lutheran Hospital-apparently in March, 1968-and Medeiros gave Officer Booz the first name of the man who operated a grocery store on Clifton Avenue. Officer Booz found the grocer but he knew nothing of the accident. Medeiros was at the Lutheran Hospital from March 16, 1968, until May 28, 1968, when he was discharged in satisfactory condition and transferred to Montebello State Hospital. While at Montebello on July 30, 1968 (135 days after the accident), Medeiros, on his own signature, made application to the Federal Department of Health, Education and Welfare for a disability pension.

Prior to the accident, Medeiros had received rather extensive medical treatment. In 1959, he had been treated at the University Hospital for a long standing ear infection. At that time he had a high school education and was diagnosed as having a 'passive aggressive' personalty. He had been at the Sheppard Pratt Hospital in 1942 for treatment for an anxiety neurosis which was improved by psychotherapy. He suffered a second break down in...