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BRAYBOY v. MCLEAN3/15/1993
lly, in 1984 Brayboy sought legal advice regarding a potential malpractice suit on behalf of Tameka.
To successfully assert equitable estoppel the party claiming estoppel must have a "lack of knowledge and of the means of knowledge of the truth as to the facts in question." Id. We hold that there is ample evidence that
Additionally, a party against whom equitable estoppel is asserted must have "knowledge, actual or constructive, of the true facts." Id. There is no conclusive evidence of record as to the cause of Tameka's condition. The record reflects that her condition could have resulted from many different causes, including hypoxia. Moreover, there is no evidence which shows that McLean had conclusive knowledge of the cause of Tameka's problems. Accordingly, we hold that McLean is not estopped from asserting the Statute of Limitations as a bar to Brayboy's claim.
Under the appropriate statute, the
For the foregoing reasons, we affirm the trial court.
Affirmed.
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