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Doe v. Miles2/18/1997
related to the cause of death of their son, and were not sufficiently aware of the causal relationship between the defects in the jeep and their son's death to file a claim." Id. at 427, 747 P.2d at 589. Here, in contrast, plaintiffs admittedly knew in 1987 of the causal link between factor concentrates and HIV, and knew by no later than 1989 of the causal link with AIDS. Finally, the court in Anson reversed primarily because of factual issues concerning the defendant's alleged fraudulent concealment which, as noted below, are lacking in this case.
Commercial Union was a legal malpractice case in which the "controlling issue" was "when [the plaintiff] became aware or should have become aware of the cause of its harm." Commercial Union, 183 Ariz. at 256, 902 P.2d at 1360. The court focused on the point at which the plaintiff's injury was sufficiently definite and ascertainable for the limitations period to commence. Again, plaintiffs in this case knew when A. and B. were diagnosed HIV positive in 1987 that the factor concentrates had caused them appreciable harm.
We summarily dispose of plaintiffs' remaining contentions. Plaintiffs presented no genuine issues of material fact as to whether the fractionator defendants, let alone the other defendants, "wrongfully concealed facts giving rise to the cause of action in such a manner as to prevent [plaintiffs] from reasonably discovering a claim exists within the limitations period." Anson, 155 Ariz. at 426, 747 P.2d at 587. Thus, their fraudulent concealment claim did not preclude summary judgment. See Cooney, 160 Ariz. at 141, 770 P.2d at 1187 (alleged fraudulent concealment did not toll the statute of limitations when plaintiff demonstrated no "positive act by the defendant taken for the purpose of preventing detection of the cause of action"). Finally, we cannot say the trial court abused its discretion in denying plaintiffs' request for additional time for discovery under Ariz. R. Civ. P. 56(f), 16 A.R.S., given the deficiencies and lack of specificity in plaintiffs' affidavit and the active litigation of the case for over two years before defendants moved for summary judgment.
Affirmed.
JOHN PELANDER, Presiding Judge
Concurring
WILLIAM E. DRUKE, Chief Judge
JAMES E. DON, Judge*
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