Riley v. Presnell

This case requires us to determine whether and in what manner the so-called “discovery rule” affects the accrual of a malpractice action against a psychotherapist for purposes of the statute of limitations. We hold that an action against a psychotherapist for malpractice does not accrue, and therefore the statute of limitations does not begin to run, until the plaintiff knew or reasonably should have known that he may have suffered injury because of the psychotherapist’s conduct. We further hold that the question when a plaintiff knew or should have known of his cause of action is one of fact…