1710

LAWS OF MARYLAND

Ch. 614

limitations in effect on the date their cause of action
arose. To accomplish this, a declaration of
applicability was annexed to the bill. It was intended
that this clause provide that for causes of action still
alive July 1, 1971, the statute of limitations would be
extended from two years to three years after the cause of
action arose.

Unfortunately, through a technical drafting defect
it was declared that the Act "shall be applied
prospectively and retrospectively ... to any cause of
action arising prior to July 1, 1968". The intent of the
General Assembly has been clouded by this error and
confusion and misunderstanding among judges, attorneys
and citizens has resulted. The uncertainty engendered
by this error is contrary to the purpose of Chapter 784
as set forth in its preamble. That preamble stated, in
part, that this Act was to prevent citizens from being
mislead to their detriment and to avoid undue forfeiture
of rights.

As a result of claims filed by persons seeking to
press their cause of action under the retroactive
provision of the applicability clause of this Act, this
statute has been interpreted and reinterpreted at each
level of appeal. These appeals have resulted in varying
decisions couched in diverse principles of legal
reasoning. One of the principal travisties wrought by
this Act is that claimants whose cause of action had not
expired on July 1, 1971 and who relied on the
applicability of this clause to their case and
disregarded the word "prior" in that clause as an obvious
error, have been forced to wage appeals through the
courts in order to press a right which the General
Assembly intended to grant them by Chapter 784.

Most recently, the decisions in Slate v. Zitomer 275
Md. 534 (1975) and Church v. Gasperich 275 Md. 534 (1975)
have denied the benefit of the retroactive provision of
the applicability clause to circumstances which it was
intended to benefit, thereby misinterpreting this Act,
which is admittedly, on its face, contradictory in its
terms and subject to question as to the Legislature's
intent.

To date, all potential confusion and
misunderstanding has not been resolved by court
decisions. Although the statute of limitations is now
unquestionably three years by virtue of the enactment of
Chapter 2 of the First Special Session of 1973, some
doubt still exists as to whether the statute of
limitations is three years for causes of action arising
between the effective date of Chapter 784 (July 1, 1971)
and the effective date of Chapter 2 (January 1, 1974).

This doubt exists because the issue has not been
presented to the courts and because in previous decisions
concerning Chapter 784, the courts have not addressed the