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HEADNOTE University of Maryland Medical Systems Corp. v. Muti, No. 42, September Term, 2011 Wrongful Death Actions: Joined plaintiffs, widow and adult children of deceased, knew that deceased had a son, Ricky, by a prior marriage, but did not know Ricky's whereabouts and did not name him as a use plaintiff as required by Rule 15-1001. Ricky never asserted any claim. More than three years after deceased's death, circuit court dismissed action for non-joinder of Ricky. Held: 1. Identifying all use plaintiffs within three years of death is not a statutory condition precedent to maintaining cause of action by joined plaintiffs. Error to dismiss on that ground. 2. Inasmuch as Ricky's claim had been extinguished by his failure to assert it within the three year condition precedent, joined plaintiffs' proposed amendment to add Ricky as a use plaintiff cannot relate back to filing of suit and cure Rule 5-1001 violation. 3. Under totality of circumstances test, abuse of discretion to dismiss suit as a sanction for violation of Rule 15-1001. 4. Case remanded for further proceedings, including possible discretionary sanction for rule violation.

Circuit Court for Baltimore City Case No. 24-C-08006043

IN THE COURT OF APPEALS OF MARYLAND No. 42 September Term, 2011 _________________________________________ UNIVERSITY OF MARYLAND MEDICAL SYSTEMS CORPORATION v. GIUSEPPINA MUTI, PERSONAL REPRESENTATIVE OF THE ESTATE OF ELLIOTT MUTI, et al. _________________________________________ Bell, C.J. Harrell Greene Barbera Rodowsky, Lawrence F. (retired, specially assigned) Raker, Irma S. (retired, specially assigned) Wilner, Alan M. (retired, specially assigned), JJ. _________________________________________ Opinion by Rodowsky, J. ________________________________________ Filed: May 3, 2012

Presented here are claims asserted under the Wrongful Death Statute, Maryland Code (1974, 2006 Repl. Vol.),

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