Harris v. County Commission of Calhoun County

I respectfully dissent to the majority opinion; I would have held that the trial court correctly determined that the statute of limitations in the instant case began to run when the employee was damaged at retirement through the receipt of less advantageous retirement benefits than he would have received if he had been timely enrolled.

While the majority opinion accurately recognizes the general rule that a statute of limitations begins to run on a contract claim when the breach occurs, a number of jurisdictions have adopted a much sounder approach, supportive of a modification of that rule…