Ostrander, James Sterling

How courts have described this case

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

• noting in a case where the plaintiff alleged injury resulting from the defendant’s negligence that a suit for personal injury must be brought no later than two years after the date of accrual
• “In cases in which the plaintiff pleads the discovery rule, the defendant moving for summary judgment on limitations bears the additional burden of negating the rule.”
• “In cases in which the plaintiff pleads the discovery rule, the defendant moving for summary judgment on limitations bears the additional burden of negating the rule.”
• “[I]njuries that arise or develop after the legal injury are still deemed to have accrued on the same date as the legal injury that caused them.”
• “A defendant moving for summary judgment on the affirmative defense of limitations bears the burden of conclusively establishing the elements of that defense. This includes conclusively establishing when the cause of action accrued.”
• the discovery rule “does not turn on whether the injured person knows the exact identity of the tortfeasor or all of the ways in which the tortfeasor was at fault in causing the injury”

Source: CourtListener parenthetical corpus (CC0).