Snell v. Sepulveda

The discovery rule must be affirmatively pleaded for a party to assert it.

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Dissenting opinion by: Phil Hardberger, Chief Justice

REVERSED & RENDERED

This case is about whether the statute of limitations bars a claim of tortious interference with a legal services contract. The action was filed more than two years after the wrongful conduct. The question is whether the discovery rule applies to defer the running of the two-year limitations period when the injured party did not discover the wrongful conduct until after it occurred, and the wrongful conduct was neither fraudulently concealed nor inherently undiscoverable. We hold the discovery rule does not apply in this case. The trial court’s judgment is reversed.

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