Question

Ann lives in a state that has a 2 year statute of limitations and a 10 year statute of repose on negligence cases. Two bad things happen to her in 2018. First, she is involved in a car accident that is entirely the fault of Donny Driver. Immediately after the wreck, she is operated on my Sally Surgeon. Sally does a careless job of reconstructing Ann's elbow, but it is done in a way that causes no initial pain and that Ann does not even notice until 2020. Now it is 2029. Ann is frustrated by her ongoing elbow pain, and decides that she wants to sue both Donny and Sally. Can her lawsuit proceed if the defendants raise the defenses described in this section?Group of answer choicesYes, against Donny and Sally.Yes, against Donny only.Yes, against Sally only.No.

Answer 1

Answer:

Yes, against Sally only.

Explanation:

With the information given in the question, Ann´s lawsuit will not proceed after Donny´s defendant raise the defenses of limitations.

A statute of limitations looks to set a maximum time after which an event could be legally imported and a lawsuit against it will pass.

A statute of repose limits the time that an action could be brought back because of a particular event.

The bad things that happened to Ann were in 2018 so, for the car accident she had until 2020 to initiate a lawsuit.

On the other hand, the statute of repose began to run once the affected notice the problem that the particular event, in this case, the negligence from Sally, is caused. Ann noticed the pain on her elbow in 2020 so she had until 2030 to initiate a lawsuit.

I hope this answer helps you.