Marian I. Erdelyi v. Bradley T. Lott

KITE, Chief Justice.

[¶1] Marian I. Erdelyi filed an action against her stockbroker, Bradley T. Lott, for fraud and constructive fraud. After a trial, a jury found that Mr. Lott committed constructive fraud but that Ms. Erdelyi knew or in the exercise of due diligence should have known before February 10, 2007, that the fraud had occurred. Based on the jury's findings, the district court entered judgment holding Ms. Erdelyt's claims were barred by the statute of limitations and dismissed the action.

[¶2] On appeal, Ms. Erdelyi contends the district court erred in instructing the jury on…