MORTON v. SKY NAILS

No. 73,2005.

884 A.2d 480 (2005)

Donna MORTON, Plaintiff Below, Appellant, v. SKY NAILS, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: September 13, 2005.

Reargument Denied October 12, 2005.


Attorney(s) appearing for the Case

Richard H. Cross, Jr., of Cross & Simon, L.L.C., Wilmington, for Appellant.

Thomas S. Bouchelle, of The Law Offices of Thomas S. Bouchelle, Newark, for Appellee.

Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.


BERGER, Justice:

In this appeal, we consider whether the so-called "time of discovery" rule tolls the statute of limitations when a plaintiff discovers the personal injury a few days after the tortious conduct. The trial court decided that this plaintiff did not deserve the benefit of the equitable time of discovery rule because she had almost two full years to assert her claim and offered no excuse for her failure to file...

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