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granzymesyesterday at 6:37 PM4 repliesview on HN

Whether the claim accrued before the statute of limitations expired is a question of fact, and is therefore reserved for the fact-finder which in this case was the jury.


Replies

toast0yesterday at 6:47 PM

IMHO, whether (and which) statue of limitations applies is a question of law, whether said time limit has passed is a question of fact. I'd like to read the jury instructions and verdict, but I didn't see a link to them anywhere.

I guess there could be a question of fact in a case where the statues of limitation differ for different injuries, and the factual question is which injury was it.

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peterfireflyyesterday at 7:07 PM

[flagged]

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ryandrakeyesterday at 6:54 PM

It seems to me like justice should be about right vs wrong and illegal vs legal, and not “did you fill out form 27B/6 on time?” Dismissing a case on these kinds of trivial procedural grounds seems like the court just doesn’t want to do its job.

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