Bussineau v. President of Georgetown College

NEWMAN, Associate Judge:

To decide this appeal, we must determine when a cause of action “accrues” within the meaning of the statute of limitations in an action where the “discovery rule” applies.1

Bussineau sued Georgetown for dental malpractice and breach of warranty. Georgetown sought summary judgment contending the action was time barred. Specifically, it asserted that under the “discovery rule” first announced by us in Burns v. Bell, 409 A.2d 614 (D.C.1979), a cause of action accrues when a party has actual or constructive knowledge (1) of injury, and (2) its cause in fact (the cause in…