prod.liab.rep. (Cch) P 15,038 Edna Rodriguez-Suris v. Bertha Montesinos

How courts have described this case

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

• recognizing that a plaintiff must have an “awareness of the existence of an injury” and knowledge of the injury’s “author” before the statute of limitations begins to run
• holding that the tolling exception applies “where a diligent plaintiff reasonably relies upon representations made by a tortfeasor that her symptoms are not the result of a negligent or otherwise tortious act”
• holding “it is clear that balancing the need to provide inmate security 23 with the rights of inmates to circulate and socialize within the prison involves considerations based 24 upon public policy.”
• “Especially at the early stages of litigation, a party’s pleading will not be treated as an admission precluding another, inconsistent, pleading”
• “[A] plaintiff who is not aware of the existence of a cause of action is essentially incapable of bringing suit within the limitation period.”
• “[I]f a plaintiffs ignorance of an injury and its origin was due to the plaintiffs own negligence or lack of care, then the statute of limitation would not be tolled.”

Source: CourtListener parenthetical corpus (CC0).