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In re Estates of Robert G. Hibbard

3/26/1992

iffs in the trial


court, have appealed from or sought review of the adverse action against them. They are therefore not parties to the action in the Court of Appeals or before this court.


We reverse the Court of Appeals and affirm the decision of the trial court which found that the "discovery rule" did not apply to the State in this case and that the negligence action against the State was barred by the 3-year statute of limitations, which began to run on December 6, 1977, the date Ms. Hibbard's parents were murdered and she was allegedly raped.


Disposition


Holding that the discovery rule did not apply in the plaintiff's action against the State and that the action was time barred, the court reverses the Court of Appeals and reinstates the summary judgment in favor of the State.






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