|
3.3-2 Statute of
Limitation Defense - Occurrence not
Discovery
Revised to January 1, 2008
Note: Use if
plaintiff asserts lack of knowledge of cause of
action, except if fraudulent concealment is
alleged in pleadings, but note that some
statutes of limitation, notably, § 52-584,
provide that suit must be brought within a
period from the acts on which liability is based
but within a shorter period from discovery.
The
time limit for bringing an action applies even
if a plaintiff does not discover that (he/she)
has been harmed or does not discover that
(he/she) has a claim until the period for
bringing a suit has expired. Under Connecticut
law, the time period for bringing suit begins to
run from the time of the act or occurrence, not
from the time the party discovers it.
Note: Adapt or omit this paragraph if a tolling
doctrine is invoked.
Authority
|
