Legal Opinion

Burns v. Bell

District of Columbia Court of Appeals

Decided November 9, 1979No. 13662PublishedCited by 73 opinions

1Opinion of the Court

PRYOR, Associate Judge:

The trial court granted appellee’s motion to dismiss concluding that the statute of limitations had run before this action was instituted. Appellant seeks reversal on the ground that there is a genuine issue of material fact as to whether, through the exercise of due diligence, she discovered or should have discovered her injury áfter January 1974. Because of the existence of this question of fact, appellant contends that the trial court committed error when it decided this question summarily without sending this issue to the jury. We agree and, therefore, we reverse.

The…

2Cases cited13 opinions

  1. Weaver v. WittTexas Supreme Court · 1977
  2. Waldman v. RohrbaughCourt of Appeals of Maryland · 1966
  3. Wyler v. TripiOhio Supreme Court · 1971
  4. Maytrude Jones, Administratrix of Estate of Alexander L. Jones, Dec., Maytrude Jones v. Rogers Memorial HospitalCourt of Appeals for the D.C. Circuit · 1971
  5. Hawks v. DeHartSupreme Court of Virginia · 1966

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3Cited by73 opinions

  1. Blannie S. Wilson, Administratrix of the Estate of Henry J. Wilson, Deceased v. Johns-Manville Sales CorporationCourt of Appeals for the D.C. Circuit · 1982
  2. Colbert v. Georgetown UniversityDistrict of Columbia Court of Appeals · 1994
  3. Bussineau v. President of Georgetown CollegeDistrict of Columbia Court of Appeals · 1986
  4. Kuwait Airways Corporation v. American Security Bank, N.A. And First American Bank, N.A.Court of Appeals for the First Circuit · 1990
  5. Ehrenhaft v. Malcolm Price, Inc.District of Columbia Court of Appeals · 1984

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