Stanley W. Dunn, Jr., and Katherine B. Dunn, Plaintiffs Below, Appellants v. Douglas S. Rockwell, Carol K…

Summary

The court affirmed summary judgment for Martin & Seibert because the Dunns' claims against the firm were time-barred after tolling ended when Douglas Rockwell left the firm. It reversed summary judgment for Carol Rockwell because the equitable claims were not subject to a statute of limitations and material factual disputes remained concerning tolling of the other claims through Rockwell's continuing representation. The court overruled the prior restrictive formulation of the discovery rule, adopted an objective knowledge standard, and prescribed a five-step limitations analysis. Justice Davis, joined by Chief Justice Benjamin, concurred in affirming judgment for the firm but would have affirmed judgment for Carol Rockwell and criticized the majority's treatment of the discovery rule, civil conspiracy, and claims involving Douglas Rockwell.