Anderson v. Neal

WERNICK, GODFREY, ROBERTS and CARTER, JJ.,

concurring.

Dissenting opinion by DUFRESNE, A. R. J., in which McKUSICK, C. J., and NICHOLS, J., join.

DUFRESNE, Active Retired Justice, dissenting, joined by McKUSICK, C. J., and NICHOLS, J.

With due respect to the views of the majority, I firmly believe that the adoption by this Court at this time of the “discovery rule” in legal malpractice cases is tantamount to judicial legislation, and, therefore, I must dissent.

When does the statute of limitations begin to run for an injury suffered as a result of legal malpractice? I conclude that in the instant…