Allen v. State

Reed, J.*

Beverly Allen appeals from an order granting the State’s motion for summary judgment, which dismissed her wrongful death action because the action was filed after the statute of limitations had run. Allen contends that the "discovery rule" should have been applied to toll the statute of limitations until she discovered the essential elements of the cause of action. Assuming, without deciding, that the discovery rule applies to this case, we conclude that Allen did not diligently pursue her claim and, therefore, affirm.

Stephen Allen was shot and killed in the Yorktown Restaurant in…