Ayling v. Sens

Citations

• 2019 ND 114

Syllabus

An action barred by a statute of limitations generally is dismissed under the summary judgment standards of N.D.R.Civ.P. 56. Determining when a cause of action accrues is normally a question of fact, but it becomes a question of law when the material facts are undisputed. Under the discovery rule the accrual of a claim is postponed until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury.