Legal Opinion

Morton v. Sky Nails

Supreme Court of Delaware

Decided September 13, 2005No. 73,2005PublishedCited by 13 opinions

1Opinion of the Court

BERGER, Justice:

In this appeal, we consider whether the so-called “time of discovery” rule tolls the statute of limitations when a plaintiff discovers the personal injury a few days after the tortious conduct. The trial court decided that this plaintiff did not deserve the benefit of the equitable time of discovery rule because she had almost two full years to assert her claim and offered no excuse for her failure to file suit within the two-year limitations period. We disagree. Under the time of discovery rule, the statute of limitations does not begin to run until a party knows or has…

2Cases cited6 opinions

  1. Wal-Mart Stores, Inc. v. AIG Life InsuranceSupreme Court of Delaware · 2004
  2. Layton v. AllenSupreme Court of Delaware · 1968
  3. Dunn v. St. Francis Hospital, Inc.Supreme Court of Delaware · 1979
  4. Coleman v. PRICEWATERHOUSECOOPERS, LLCSupreme Court of Delaware · 2004
  5. Bendix Corporation v. StaggSupreme Court of Delaware · 1984

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3Cited by13 opinions

  1. Krahmer v. Christie's Inc.Court of Chancery of Delaware · 2006
  2. White v. IrwinDistrict Court, D. Delaware · 2015
  3. Barnett v. Boston Scientific CorporationSuperior Court of Delaware · 2021
  4. Beautycon Media ABC Trust v. New General Market Partners, LLCSuperior Court of Delaware · 2023
  5. Beautycon Media ABC Trust v. New General Market Partners, LLCSuperior Court of Delaware · 2023

8 more not listed; retrieve them via the Exa API.

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