Gaston v. Parsons
Supreme Court of Oregon
864 P.2d 1319 (1994)
Gaston (plaintiff), a partial quadriplegic with use of only his left arm, lost function in that arm after surgery performed by Parsons (defendant); Parsons assured him the numbness was temporary and could last up to two years. When Gaston's arm never recovered, he sued for negligence more than two years after the surgery but arguably within two years of when he reasonably should have known Parsons's reassurance was wrong. The trial court granted Parsons summary judgment on limitations grounds, but the court of appeals reversed, holding the clock started only once Gaston should have known of Parsons's negligence.
Whether the statute of limitations for a negligence claim begins to run when the plaintiff knows or should know that he has been harmed by the defendant's tortious conduct.