Mertz v. 999 QUEBEC, INC.

[¶ 27] I respectfully dissent from the majority opinion and would reverse the summary judgment and remand for further proceedings. I am of the opinion that the discovery rule applies to a survival cause of action and that there exists a genuine issue of material fact precluding summary judgment.

[¶ 28] The purpose of the discovery rule is “to balance the need for prompt assertion of claims against the policy favoring adjudication of claims on the merits and ensuring that a party with a valid claim will be given an opportunity to present it.” Wells v. First American Bank West, 1999 ND 170, ¶ 9,…