party with a valid claim in North Dakota

2010We have also recognized, however, this rule is often harsh and unjust, which is why so many courts have adopted the discovery rule. ‘The discovery rule is meant to balance the need for prompt assertion of claims against the policy favoring adjudication of claims on the merits and ensuring that a party with a valid claim will be given an opportunity to present it.’ [Schanilec v. Grand Forks Clinic, Ltd., 1999 ND 165, ¶ 11 , 599 N.W.2d 253 ].

2010We have also recognized, however, this rule is often harsh and unjust, which is why so many courts have adopted the discovery rule. ‘The discovery rule is meant to balance the need for prompt assertion of claims against the policy favoring adjudication of claims on the merits and ensuring that a party with a valid claim will be given an opportunity to present it.’ [Schanilec v. Grand Forks Clinic, Ltd., 1999 ND 165, ¶ 11 , 599 N.W.2d 253 ].

1999Buck v. Miles, 89 Hawai`i 244, 971 P.2d 717, 722 (1999) (citation omitted). [¶ 12] This Court has adopted the discovery rule in medical malpractice cases and held the two-year statute of limitations begins to run "when the plaintiff knows, or with reasonable diligence should know, of (1) the injury, (2) its cause, and (3) the *256 defendant's possible negligence." Zettel v. Licht, 518 N.W.2d 214, 215 (N.D.1994) (citing Wheeler v. Schmid Laboratories, Inc., 451 N.W.2d 133 (N.D.1990)); see also Iverson v. Lancaster, 158 N.W.2d 507 (N.D.1968) (first North Dakota case to adopt the discovery rule).

1999Buck v. Miles, 89 Hawai'i 244 , 971 P.2d 717, 722 (1999) (citation omitted). [¶ 12] This Court has adopted the discovery rule in medical malpractice cases and held the two-year statute of limitations begins to run “when the plaintiff knows, or with reasonable diligence should know, of (1) the injury, (2) its cause, and (3) the defendant’s possible negligence.” Zettel v. Licht, 518 N.W.2d 214, 215 (N.D.1994) (citing Wheeler v. Schmid Laboratories, Inc., 451 N.W.2d 133 (N.D.1990)); see also Iverson v. Lancaster, 158 N.W.2d 507 (N.D.1968) (first North Dakota case to adopt the discovery rule). [¶

2010I am of the opinion that the discovery rule applies to a survival cause of action and that there exists a genuine issue of material fact precluding summary judgment. [¶ 28] The purpose of the discovery rule is “to balance the need for prompt assertion of claims against the policy favoring adjudication of claims on the merits and ensuring that a party with a valid claim will be given an opportunity to present it.” Wells v. First American Bank West, 1999 ND 170, ¶ 9 , 598 N.W.2d 834 .

2010I am of the opinion that the discovery rule applies to a survival cause of action and that there exists a genuine issue of material fact precluding summary judgment. [¶ 28] The purpose of the discovery rule is "to balance the need for prompt assertion of claims against the policy favoring adjudication of claims on the merits and ensuring that a party with a valid claim will be given an opportunity to present it." Wells v. First American Bank West, 1999 ND 170, ¶ 9 , 598 N.W.2d 834 .

2010I am of the opinion that the discovery rule applies to a survival cause of action and that there exists a genuine issue of material fact precluding summary judgment. [¶ 28] The purpose of the discovery rule is “to balance the need for prompt assertion of claims against the policy favoring adjudication of claims on the merits and ensuring that a party with a valid claim will be given an opportunity to present it.” Wells v. First American Bank West, 1999 ND 170, ¶ 9 , 598 N.W.2d 834 .

2010I am of the opinion that the discovery rule applies to a survival cause of action and that there exists a genuine issue of material fact precluding summary judgment. [¶ 28] The purpose of the discovery rule is "to balance the need for prompt assertion of claims against the policy favoring adjudication of claims on the merits and ensuring that a party with a valid claim will be given an opportunity to present it." Wells v. First American Bank West, 1999 ND 170, ¶ 9 , 598 N.W.2d 834 .