New Mexico Supreme Court: Fraudulent Concealment May Toll Statutory Limitations

(May 23, 2016, 1:53 PM EDT) -- SANTA FE, N.M. — The New Mexico Supreme Court in what it said was an issue of first impression on May 19 held that the doctrine of fraudulent concealment “may apply to toll the statutory limitations period for a wrongful death claim if a defendant has fraudulently concealed a cause of action, thereby preventing that defendant from claiming the statute of limitations as a defense until the plaintiff learned or, through reasonable diligence, could have learned of the cause of action” (Estate of Alice C. Brice, by and through Personal Representative Tracy A., et al. v. Toyota Motor Corporation, et al., No. S-1-SC-34873, N.M. Sup.; 2016 N.M. LEXIS 95)....

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