Seale v. Gowans

How courts have described this case

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

• explaining that civil defendants bear the burden “of proving every element” of “any affirmative defense”
• noting that discovery of both negligence and the possibility of injury resulting from that negligence is not sufficient to trigger the statute of limitations
• stating that defendants have the burden of proof with respect to affirmative defenses
• stating that defendants have the burden of proof with respect to affirmative defenses
• noting that \the two-year limitations period does not commence to run until the injured person knew or should have known that he had sustained an injury and that the injury was caused by negligent action\ (internal quotation marks omitted)
• explaining that “the law does not recognize an inchoate wrong”

Source: CourtListener parenthetical corpus (CC0).