Larson v. Norkot Manufacturing, Inc.

Summary

The North Dakota Supreme Court considered whether a legal-malpractice claim was barred by the statute of limitations. The court held that a genuine issue of material fact existed regarding when the plaintiff knew or should have known of the alleged injury, its cause, and possible negligence, reversed the dismissal of the malpractice claims, and remanded; dismissal of the underlying fee claim was affirmed.

Holdings

1. Summary judgment was improper because a genuine issue of material fact existed regarding when Page knew, or with reasonable diligence should have known, of the injury, its cause, and the defendants' possible negligence.
2. The judgment was affirmed to the extent it dismissed Larson's claim against Page.

Questions Presented

1. Whether summary judgment was proper on the ground that Page's legal-malpractice claims were barred by the two-year statute of limitations.
2. When, under North Dakota's discovery rule, Page knew or with reasonable diligence should have known of his injury, its cause, and the attorneys' possible negligence.
3. Whether the stipulated dismissal of Larson's fee claim should be affirmed.

Disposition

reversed_and_remanded