Digital Design Group, Inc. v. Information Builders, Inc.

KAUGER, J.;

T1 Two issues are presented on cer-tiorari: 1) whether the discovery rule applies to a libel claim; 1 and 2) whether the evidence was sufficient to support a claim for contract damages. We hold that the discovery rule is applicable to the libel claim, and that when facts about the injury's discovery are disputed, the question of when the plaintiff knew or should have known is a fact question for the jury to decide. However, submission of the contract claim to the jury resulted in prejudicial error because of the probability that the jurors were misled by its interjection with the…