Borne v. Estate of Carraway

¶ 76. It is my opinion that the chancellor applied an incorrect legal standard for discovery of an injury, and I would remand the case for the chancellor to apply the correct standard.

¶ 77. In the chancellor’s findings of fact, she concluded that the sinkhole was discovered in 2004. However, in the amended order and opinion, the chancellor explicitly found that Mrs. Carraway noticed the sinkhole in 2002. Addressing the statute of limitations issue, the chancellor concluded that the Carraways’ claim was not time barred when the suit was filed in 2006, because the three-year limitations period…