Equitable Estoppel: Janvier v. Greyhound

Kopec Law Firm

Sometimes, the lawyers to a claim may try to negotiate a settlement before the plaintiff files in court. Suppose the plaintiff chooses not to file during the negotiations. In that case, the plaintiff must ensure that the statute of limitations does not expire. A recent Maryland case discusses this situation and the plaintiff’s attempt to avoid expiration by claiming equitable estoppel. Although the case involved a bus accident, it also has applications to medical malpractice cases. I will discuss the case and then provide some commentary for Maryland medical malpractice lawyers.

Facts

On November 27, 2023, the Appellate Court of Maryland issued an unreported opinion in Janvier v. Greyhound Lines, Inc. The plaintiffs were passengers on a Greyhound bus that crashed in May of 2019. Afterward, they filed suit on August 5, 2022. Greyhound moved to dismiss the complaint because plaintiffs filed it after the three-year statute of limitations. The trial court dismissed the complaint. (Op. at 2).

Statute of Limitations and Equitable Estoppel
Statute of Limitations and Equitable Estoppel

The plaintiffs argued that equitable estoppel precluded a statute of limitations defense. They argued that they had given a notice to arbitrate to Greyhound. Plaintiffs mistakenly believed that they had to arbitrate and relied on the fact that Greyhound did not say anything to the contrary. Instead, the parties agreed to engage in settlement negotiations and exchanged information. The plaintiffs believed that their arbitration notice was sufficient for statute of limitations purposes and that they did not have to file in court. After the statute of limitations date passed, Greyhound terminated negotiations because the claims were time-barred. (Id. at 9-10).

Court Decision

The Court described equitable estoppel: It is the effect of the voluntary conduct of a party whereby he is absolutely precluded both at law and in equity, from asserting rights which might perhaps have otherwise existed, either of property, of contract, or of remedy, as against another person, who has on good faith relied upon such conduct, and has been led thereby to change his position for the worse and who on his part acquires some corresponding right, either of property, of contract, or of remedy. (Id. at 10-11).

The Court summarized the aspects of an equitable estoppel argument as “representation, reliance, and detriment.” A defendant may be equitably estopped from asserting a statute of limitations defense if it held out inducements not to file suit or indicated that it would not plead limitations. The representation must be an affirmative act or affirmative statement. Silence where there is no duty to speak does not create estoppel. (Id. at 11).

The Court observed that Greyhound did not represent that the claim was subject to arbitration and made no affirmative representation that plaintiffs did not need to file their complaint within limitations. Greyhound’s silence was not a basis for the application of equitable estoppel. The Court affirmed the dismissal of the case. (Id. at 13-14).

Commentary By the Baltimore Medical Malpractice Lawyer

Equitable Estoppel

As discussed in other posts on this Blog, the statute of limitations can be a minefield. In some cases, precisely calculating the statute of limitations can be challenging. The Janvier case addresses another situation – when the statute of limitations can be a trap for lawyers. However, it does not have to be.

If the defense suggests that the plaintiff not file suit or says it will not raise limitations, another tool for the Maryland medical malpractice lawyer is the tolling agreement. This agreement expressly suspends the statute of limitations for some time. With such an agreement, the plaintiff will not have to resort to equitable estoppel and will not be susceptible to the defense’s opposition to such an argument.

The need for a tolling agreement does not often arise in medical malpractice cases. In the vast majority of cases, the plaintiff proceeds with filing the complaint in court. However, there may be times when the defense would like an opportunity to explore a pre-suit settlement of the case. These negotiations usually happen when there is (1) a solid case of liability and (2) circumstances the defense would like to avoid having aired publicity or facing in court. In such a situation, if the statute of limitations is approaching, then a tolling agreement may meet the needs of both parties.

You can read other Blog posts on the statute of limitations.

Mark Kopec is a top-rated Baltimore medical malpractice lawyer. Contact us at 800-604-0704 to speak directly with Attorney Kopec in a free consultation. The Kopec Law Firm is in Baltimore and helps clients throughout Maryland and Washington, D.C. Thank you for reading the Baltimore Medical Malpractice Lawyer Blog.

What Our Clients Say About Us

At the Kopec Law Firm, we are grateful that satisfied clients express their appreciation!

Mark is a knowledgeable and empathetic lawyer who speaks directly and concisely to evaluate your problem. He doesn't use attorney jargon that confuses people, rather he talks clearly. Although he couldn't help me with my situation, the consultation I had was productive because he answered my questions and gave me some clarity.

Shahnaz in Ellicott City

Dear Mark, I just wanted to express my gratitude for your dedication to my case. As you know, it has been a long and upsetting process for me, which would have been a great deal longer had it not been for the hours you put in helping me with this emotional roller coaster. Thank you again.

Shannon T. in Anne Arundel County

Dear Mark, thank you so much for your help and kindness. You provided the guidance and assistance we needed to obtain some understanding in loss of our child. We will never forget the professional and personal service provided. If anyone is in need of legal representation, I will certainly send them your way. God bless.

Kim C. in Cecil County

I wanted to say thank you for spending time with me regarding my questions about legal issues. Mere words cannot really express my gratitude. You seem to truly care about people.

Client in Baltimore City

Dear Mr. Mark, I’m truly grateful to have had you work on my son’s case. You were up front at all times and were on key every step of the way. I will always recommend your firm. Thank you so much for helping my son. P.S. Every time my son sees you on TV, he says “Mom, that’s my lawyer, Mr. Mark.” 🙂 Thank you again. You did an excellent job on the...

K.N. in Baltimore City

Dear Mark, we want to thank you for all the hard work and time your firm put in our case. You took the time to listen to us and research our case. You were honest and up front regarding the case. You responded to questions and concerns quickly. We would highly recommend your firm and services to anyone who is in need of legal representation. We...

Rebecca T. in Prince George’s County

Super Awesome team and staff! Worked with them for a case they handled for my grandchild about 10yrs ago! Would definitely use them again! I recommend them to everyone I know. Could never thank them enough! Very thorough and knowledgeable! Always kept us in the loop throughout the entire process!!!!

Letha C. in Prince George’s County

Mark explained everything in detail and brought clarity to all of my concerns.

Doris in Edgwater

I am very happy and thankful for your help. You responded very quickly. I am very happy to recommend you.

Linda in Chevy Chase
  1. 1 Free Consultation
  2. 2 Talk to a Lawyer
  3. 3 No Fee Unless You Win
Fill out the contact form or call us at 800-604-0704 to schedule your consultation.

Send Us a Message