Hoffman v. Rockey

1 Citing case

  1. Fidler v. Eastman Kodak Co.

    714 F.2d 192 (1st Cir. 1983)   Cited 97 times
    Finding that knowledge of injury does not require knowledge that defendant's breached a duty to cause the injury

    A number of courts have, however, adopted discovery rules under which a cause of action does not accrue until the plaintiff discovers or in the exercise of due diligence should discover, in addition to his injury and its cause, that the injury has resulted from some negligence or wrongdoing on the part of the defendant, some actionable wrong. See Dawson v. Eli Lilly and Co., supra (applying D.C. Law); Goodman v. Mead Johnson Co., 534 F.2d 566, 575 (3d Cir. 1976) (applying New Jersey law); Anderson v. Shook, 333 N.W.2d 708 (N.D. 1983); Hoffman v. Rockey, 55 Or.App. 658, 639 P.2d 1284, 1286 (1982); Jacoby v. Kaiser Foundation Hospital, 1 Haw.App. 519, 622 P.2d 613 (1981); Foil v. Ballinger, 601 P.2d 144, 147 (Utah 1979); Brown v. Mary Hitchcock Memorial Hospital, 117 N.H. 739, 378 A.2d 1138 (1977); Owens v. Brochner, 172 Colo. 525, 474 P.2d 603 (Colo. 1970).