Diamond v. Davis

This appeal presents the question whether the law imposes upon the plaintiff a different duty of care in discovering a cause of action involving fraud or fraudulent concealment on the part of a professional than in other cases where the discovery rule is applied — primarily causes of action for professional malpractice. We hold that in both kinds of cases the same standard of reasonable diligence under the circumstances applies. As in other eases where we apply the discovery rule, the inquiry is highly fact-bound. Thus, the character of material statements and nondisclosure by the defendant…