American Petrofina, Inc. v. Allen

In this cause we consider a contention that fraudulent concealment tolls the statute of limitations and review the effect of omitting a previously named party from a subsequent pleading.

I

This suit involves wrongful death and survival claims by numerous plaintiffs against numerous defendants (collectively, “Petrofi-na”). 1 Petrofina moved for partial summary judgment against 39 plaintiffs on the basis of the two-year statute of limitations for such actions. 2 Plaintiffs responded that the statute of limitations was tolled until they discovered or should have discovered the fraud and…