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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Albrecht v. Clifford, 436 Mass. 706 (2002)

Citation
Albrecht v. Clifford, 436 Mass. 706 (2002)
Parent Document
Albrecht v. Clifford, 436 Mass. 706 (2002)
Jurisdiction
Massachusetts (state)
Effective Date
2002-05-07

Other Sections in This Document (44)

Full Text

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To defeat Clifford’s motion for summary judgment, the Al-brechts sought to invoke the discovery rule. “The rule, which operates to toll a limitations period until a prospective plaintiff learns or should have learned that he has been injured, may arise in three circumstances: where a misrepresentation concerns a fact that was ‘inherently unknowable’ to the injured party, where a wrongdoer breached some duty of disclosure, or where a wrongdoer concealed the existence of a cause of action through some affirmative act done with the intent to deceive.” Patsos v. First Albany Corp., 433 Mass. 323, 328 (2001), citing Protective Life Ins. Co. v. Sullivan, 425 Mass. 615, 631-632 (1997).