McAuley v. Wills

The majority affirms the trial court’s judgment of dismissal for a different reason than that given by the trial court. The trial court dismissed the action as failing to state a claim, due to remoteness, although the motion to dismiss alternatively raised a question of the statute of limitation as likewise barring the action. The majority view does, however, also consider the remoteness of the occurrence from the original injury, hence the statute of limitation would bar the action. I do not agree.

At the outset it must be pointed out that this is a case of first impression of whether in…