Limitations of Actions: April 2014 Archives

Supreme Judicial Court Expands Discovery Rule to Require Knowledge of "Whom to Sue"

The "discovery rule" delays the three-year statute of limitations period for plaintiffs to bring tort claims "where the plaintiff did not know or could not reasonably have known that he or she may have been harmed by the conduct of another" until the plaintiff gains actual or constructive knowledge of the wrong. See Koe v. Mercer, 450 Mass. 97, 101 (2007). In an opinion issued last week, the Supreme Judicial Court broadened the discovery rule to include knowledge of the responsible person's identity, reasoning that such knowledge "seems implicit in the requirement that a plaintiff know that the defendant's conduct caused him harm; without such knowledge, the plaintiff does not know whom to sue." Harrington v. Costello, 467 Mass. 720, 2014 WL 1362630 at *4 (April 9, 2014)

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