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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1663 September Term, 2010 ____________________________________ SHENG BI v. DELORES A. GIBSON ____________________________________ Woodward, Graeff, Sharer, J. Frederick (Retired, Specially Assigned), JJ. ____________________________________ Opinion filed by Sharer, J. ____________________________________ Filed: June 4, 2012

In this appeal we are asked to consider whether a civil action, filed within the three year statute of limitations, but later voluntarily dismissed by the plaintiff more than three years from the date of the injury, can be re-filed and escape the bar of the statute of limitations.1 We answer that question in the negative. What would seem to be certain to most was apparently not so to appellant, Sheng Bi. Hence, we shall discuss the issue. FACTS and PROCEEDINGS Alleging that he suffered bodily injury as a result of an automobile collision that occurred in Baltimore City on April 4, 2005, appellant filed a complaint against appellee, Delores A. Gibson, in the Circuit Court for Baltimore City on March 12, 2008. That complaint was timely filed, as limitations did not run until April 4, 2008. For some reason, unexplained in the record, appellant, by counsel, entered a voluntary dismissal of the complaint on September 10, 2008. That dismissal was filed before appellee filed an answer (and perhaps before appellee was served with the complaint). Subsequently, on March 6, 2009, appellant, by counsel, filed a complaint in negligence against appellee, alleging the same facts that were said to support the earlier-filed

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In his brief, appellant asks:

1. Can Maryland Rule 2-506(a) be construed to require that a notice of voluntary dismissal of an action be filed within the statute of limitation period and, specifically, within three years of the date of the accrual of the action in a personal injury case? 2. Does Maryland Courts and Judicial Proceedings Article Section 5-101 require that the same action be refiled within the original statute of limitation period in this case?

complaint in 2008. Appellee responded by filing a motion to dismiss based on the statute of limitations as provided in Md. Code (2006 Repl. Vol.) Courts & Judicial Proceedings ("CJ")

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Maryland Law