Borello v. U.S. Oil Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that when determining reasonable diligence, an “ordinary person” is not expected to take “extraordinary steps”
• discussing sufficiency of medical opinion necessary to trigger discovery rule without requiring such opinion be rendered by specialist
• refining discovery rule in case involving personal injury resulting from defective furnace to mean cause of action accrues when plaintiff discovers that injury was probably caused by defendant’s product or conduct
• “a period of limitation within which an action may be commenced is computed from the time that the cause of action accrues” [internal quotation marks omitted]
• “[M]ere knowledge of the fact of an injury and nothing more will not trigger the commencement of the period of limitations.”
• once a statute of limitations has run, the party relying on the statute has a vested property right in the statute-of-limitations defense, and a new law which changes the period of limitations cannot be applied retroactively to extinguish the right

Source: CourtListener parenthetical corpus (CC0).