Carney v. Kardinal Land, Inc.

Summary

The Rhode Island Supreme Court affirmed summary judgment against Kathleen E. Carney Page on her fraud counterclaim arising from a dispute over ownership of Kardinal Land, Inc. The court held that the ten-year statute of limitations for civil actions barred the claim because Page knew or reasonably should have known of the alleged fraudulent conduct more than ten years before filing her counterclaim. The court also rejected tolling based on Page’s alleged reliance on her half-brother’s representations, finding that her reliance and lack of diligence were unreasonable.

Holdings

1. Summary judgment was proper because no genuine issue of material fact existed concerning whether Page should have known of her fraud cause of action more than ten years before filing the counterclaim.
2. To toll the statute of limitations, a plaintiff's reliance on the defendant's conduct must be reasonable and must involve some form of affirmative deception.
3. The limitations period begins when the plaintiff discovers, or with reasonable diligence should have discovered, the wrongful conduct and resulting injury.

Questions Presented

1. Whether summary judgment was proper on Page's fraud counterclaim under the ten-year statute of limitations.
2. Whether Page presented evidence creating a genuine issue of material fact that the statute of limitations was tolled by reasonable reliance on DeVere's alleged representations and affirmative deception.
3. Whether Page exercised reasonable diligence to discover the alleged fraudulent conduct.

Disposition

affirmed