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3.3-2  Statute of Limitation Defense - Occurrence not Discovery

Revised to January 1, 2008

Note:  Use if plaintiff asserts lack of knowledge of cause of action, except if fraudulent concealment is alleged in pleadings, but note that some statutes of limitation, notably, § 52-584, provide that suit must be brought within a period from the acts on which liability is based but within a shorter period from discovery.

The time limit for bringing an action applies even if a plaintiff does not discover that (he/she) has been harmed or does not discover that (he/she) has a claim until the period for bringing a suit has expired.  Under Connecticut law, the time period for bringing suit begins to run from the time of  the act or occurrence, not from the time the party discovers it.

Note:  Adapt or omit this paragraph if a tolling doctrine is invoked.

Authority

Grey v. Stamford Health System, Inc., 282 Conn. 745, 750-51 (2007); Witt v. St. Vincent’s Medical Center, 252 Conn. 363, 369 (2000); Fichera v. Mine Hill Corp., 207 Conn. 204, 212 (1988); S.M.S. Textile Mills, Inc. v. Brown, Jacobson, Tillinghast, Lahan & King, P.C., 32 Conn. App. 786, 791, cert. denied, 228 Conn. 903 (1993).
 


 

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