Dowell Co. v. Gagnon

(concurring) — I agree with the result reached by the majority, but believe some additional remarks are necessary.

*777The facts relevant to the issue before us are not disputed. In 1978, Dowell commenced an action against the Gagnons. The Gagnons asserted as one defense that the statute of limitations had run. The trial court entered summary judgment for Dowell, concluding the statute of limitations had been tolled because of defendants' concealment. In 1981 this court reversed because there was a factual dispute on the issue of whether the statute of limitations had been tolled due to the…