Piles v. Allstate Insurance

WYNN, Judge.

The issue of whether a cause of action is barred by the statute of limitations should be submitted to a jury “[w]hen the evidence is sufficient to support an inference that the limitations period has not expiredf.]”1 Here, the plaintiff alleges fraud and negligence on the part of the defendants, the discovery of which would begin the accrual of her causes of action. Because we find that the date of her discovery is a question of fact for a jury, we reverse the trial court’s dismissal of her claims as time-barred as a matter of law.

Plaintiff Shirley Piles alleges, inter alia, that…