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Doe v. Archdiocese of Washington2/26/1997
, the alleged wrongdoing described in the portions of the Complaint quoted above occurred antecedent to the sexual battery that harmed appellant; appellant is alleging that, at some time before he was abused, the Archdiocese knowingly put the priests in a position to abuse him by concealing prior incidents in which the priests abused other children. This cannot support a claim that the Archdiocese concealed a cause of action from appellant; appellant does not allege that after the priests abused appellant, the Archdiocese committed a fraud that prevented appellant from knowing of its wrongdoing or from discovering his claims.
In Conaway, 90 Md. App. 234, 600 A.2d 1133, an inmate filed suit against the State for injuries to his hand and subsequent negligent medical care. Despite having filed a timely action against the State and having conducted discovery, the plaintiff did not learn until after the limitations period had run that the medical care was actually provided by a private healthcare provider under contract with the State. The statute of limitations barred his claim against the private contractor.
Similarly, in Ferrucci v. Jack, 255 Md. 523, 258 A.2d 414 (1969), the plaintiff did not discover until more than three years after filing suit against a corporation for injuries sustained while on the grounds of an apartment complex that the named defendant corporation did not own the building. Plaintiff could have established ownership of the building by examining land records, and his failure to do so showed a lack of ordinary diligence. The statute of limitations therefore barred plaintiff's claim against the true owner of the apartment complex. Id. at 525-26.
In sum, Doe failed timely to pursue his claims against the priests and the Church. There are no facts alleged that support a claim that Doe could not have discovered the claims against the Archdiocese, if he had ever attempted to do so. In our view, appellant had inquiry notice of his potential claims against the Archdiocese, as the priests' employer. Therefore, for the same reasons that the claims against the priests are untimely, his claims against the Archdiocese must fail. Under the circumstances before us, we conclude, as a matter of law, that the circuit court properly dismissed all of the claims against the priests and the Archdiocese, based on the statute of limitations.
JUDGMENT AFFIRMED. COSTS TO BE PAID BY APPELLANT.
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