B. Mahler Interests, L.P. v. DMAC Construction, Inc.

In today’s statute-of-limitations analysis we consider whether the discovery rule tolls the running of limitations on the plaintiffs breach-of-contract and breach-of-warranty claims. The discovery rule does not apply because the types of injuries alleged are discoverable. Thus, the discovery rule does not toll the running of limitations on these claims. In affirming the trial court’s judgment, the majority reaches the correct conclusion—that the discovery rule does not toll the running of limitations—but for the wrong reasons.

Statute-of-Limitations Analysis

The majority concludes the trial…