Collins v. Sotka

Francis E. Sweeney, Sr., J.

In the context of a -wrongful death action, we are asked to determine when the two-year statute of limitations begins to run. In answering this question, we must decide whether the statute of limitations runs from the date of death of the victim, or whether the discovery rule can be used to extend the statutory period in which to commence such an action. For the reasons that follow, we hold that the discovery rule is applicable.

Ordinarily, a cause of action accrues and the statute of limitations begins to run at the time the wrongful act was committed. Kunz v.…