Nowotny v. L & B Contract Industries, Inc.

THOMAS, Justice.

The main issue to be addressed in this case is whether we should expand the discovery rule for triggering the statute of limitations for personal injuries to include knowledge of the identity of the tort-feasor. This issue presents a conflict between a policy of providing a means of redress to an injured person and the policy of adoption of a statute of limitations, which frees the judicial system from litigation of stale claims and spares other .parties from the defense of claims when memories have faded, witnesses have become unavailable, and evidence has been lost.…