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Holt v. Lenko

Minority tolling statute did not toll limitations on mother's survival action on behalf of deceased infant, as statute tolls limitations only in favor of living minor plaintiffs.

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�1 Appellant Nicole L. Holt (“Holt”) appeals from an Order granting the Motion for judgment on the pleadings, filed by Appellees Philip M. Lenko, M.D. (“Lenko”), Ronald Cypher, M.D. (“Cypher”), and Butler Memorial Hospital (“the Hospital”) (collectively, “Defendants”). We affirm.

�2 The pertinent facts of this case are as follows. On December 4, 1994, Holt, who was twenty-three weeks pregnant and in acute labor, was admitted to the Hospital. On December 5, 1994, Holt gave birth to a son, Andrew Corey Holt (“Andrew”). Andrew died later that day.

�3 On October 29, 1999, Holt filed a Complaint, individually, and as the Administratrix of Andrew’s estate, alleging that the Defendants were negligent in their treatment of her and Andrew, and that their negligence caused Andrew to suffer injuries and death. In the Complaint, Holt sought to recover damages pursuant to 42 Pa.C.S.A. � 8301 (relating to a wrongful death action) and � 8302 (relating to a survival action). Defendants Lenko and Cypher filed an Answer to the Complaint and New Matter, in which they alleged that the Complaint was filed after the two-year statute of limitations had expired. Holt then filed a Reply to Lenko and Cypher’s New Matter, in which she denied that the statute of limitations had expired.

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