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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2751 September Term, 1999

MICHAEL DAVID FREEBURGER

v. MELVIN ANTHONY BICHELL, ET AL.

Byrnes, Adkins, Smith, Marvin H. (Ret'd, Specially Assigned), JJ.

Opinion by Byrnes, J.

Filed: December 26, 2000

This case presents the question whether the Maryland statute that requires a parent to support his or her destitute adult child, if the parent is financially able to do so, creates an independent cause of action in favor of the parent against the tortfeasor who caused the adult child's injuries. it does not. We hold that

FACTS AND PROCEEDINGS
Appellant is Michael David Freeburger, the father of Michael Justin Freeburger ("Michael"). On August 16, 1996, Michael,

then eighteen years old, was seriously and permanently injured in an automobile accident. Michael had been riding as a

passenger in a car driven by appellee Melvin Anthony Bichell. Mr. Bichell failed to negotiate a turn, and the car left the road and struck a utility pole. James Kerns. On June 21, 1999, Mr. Freeburger brought suit in the Circuit Court for Baltimore City against Mr. Bichell and Mr. Kerns. He The car was owned by appellee

alleged that Michael had sustained personal injuries as a result of the August 16, 1996 accident; that the accident had been caused by the negligence of the appellees; that Michael's

injuries had rendered him physically incapacitated and incapable of self-support; that Michael had incurred, and would in the future incur, hospital and medical expenses; that Michael is

destitute and cannot pay for his medical expenses; and that Mr. Freeburger is under a statutory duty, pursuant to Md. Code (1999 Repl. Vol.), section 13-102(b) of the Family Law Article ("FL"), to provide Michael with medical treatment and to pay for his medical expenses. Finally, Mr. Freeburger sought recovery of

the sums that he is (and will be) under a statutory duty to pay on behalf of Michael because they "were caused directly as a result of [Michael's] aforesaid injuries that were caused

directly by the negligence of the [appellees]." Mr. Bichell never was served. filed a "motion to dismiss and/or Mr. Kerns was served and for summary judgment," in

which he recited several facts outside of the complaint, none of which are in dispute. the time of the Specifically, Mr. Kerns stated that at he carried automobile liability

accident,

insurance with Aetna Life & Casualty Company, with limits of $50,000 per person and $100,000 per accident, and that claims had been asserted against that policy by Michael and by other passengers who had been riding with Mr. Bichell at the time of the accident. $50,000. On April 17, 1997, Michael settled his claim for

A settlement draft was issued by Aetna to Michael and The draft was deposited in the attorneys' escrow

his attorneys. account.

In addition, as part of the settlement, Michael signed

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a general release, a copy of which was attached to the motion to dismiss. The general release provides:

That I, Michael Justin Freeburger, being of lawful age, for the sole consideration of $50,000 to me in hand paid, receipt whereof is hereby acknowledged, have remised, released, and forever discharged, and for my heirs, executors, administrators, and assigns do hereby remise, release, and forever discharge Melvin Bichell, James Kerns and Aetna Life and Casualty Company . . . and all other persons, firms, and corporations, of and from any and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries, damage to property, and the consequences thereof, resulting, and to result, from a certain accident which happened on or about the 16 day of August 1996, for which I have claimed the said _________________ to be legally liable, which liability is hereby expressly denied. (Blank space in original.) In his motion to dismiss and/or for summary judgment, Mr. Kerns argued that the statutory duty of a parent to support his or her destitute adult child, pursuant to FL

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