Estate of Brice Ex Rel. Tracy A. v. Toyota Motor Corp.

OPINION

MAES, Justice.

{1} In this certified appeal we consider whether the doctrine of fraudulent concealment applies to actions under the Wrongful Death Act (WDA), NMSA 1978, Sections 41-2-1 to -4 (1882, as amended through 2001). This is an issue of first impression in New Mexico. We hold that the doctrine of fraudulent concealment may apply to toll the statutory limitations period for a wrongful death claim if a defendant has fraudulently concealed a cause of action, thereby preventing that defendant from claiming the statute of limitations as a defense until the plaintiff learned or,…