context: Numerous Maryland appellate cases are consistent with Pennwalt, and have recognized that a claim accrues when the plaintiff knows or should know of the harm and its probable cause.
citation_a.signal: see also
citation_a.parenthetical: concluding, under the Federal Tort Claims Act, that the plaintiff's negli gence claim accrued when plaintiff knew of both the existence of the harm its cause
citation_a.sentence: See, e.g., Frederick Rd. Ltd. P’ship, 360 Md. at 96, 756 A.2d 963 (stating, in a legal malpractice case, that “before an action is said to have accrued, a plaintiff must have notice of the nature and cause of his or her injury”) (emphasis added); United Parcel Service, Inc., 336 Md. at 579, 650 A.2d 226 (quoting Hecht, and recognizing that a claim accrues when the plaintiff “ ‘knows or should know of the injury, its probable cause, and ... [the defendant’s] wrongdoing.... ’ ”); Owens-Illinois v. Armstrong, 326 Md. 107, 120-21, 604 A.2d 47 (1992) (recognizing that a cause of action accrues when a reasonably diligent plaintiff ascertains the nature and cause of his injury); Trimper v. Porter-Hayden, 305 Md. 31, 52, 501 A.2d 446 (1985) (recognizing, in a latent disease case, that an injured person’s cause of action accrues “either 1) when he ascertains, or through the exercise of reasonable care and diligence should have ascertained, the nature and cause of his injury, or 2) at death, whichever first occurs”) (emphasis added); Harig v. Johns-Manville Products Corp., 284 Md. 70, 83, 394 A.2d 299 (1978) (concluding that, “in situations involving the latent development of disease, a plaintiffs cause of action accrues when he ascertains, or through the exercise of reasonable care and diligence, should have ascertained, the nature and cause of his injury”) (emphasis added); Benjamin, 162 Md.App. at 197, 873 A.2d 463 (suggesting that Trimper “indicates that the knowledge that a reasonable investigation would disclose is probably not sufficient if it would only show injury”); Young v. Medlantic Laboratory P’ship, 125 Md.App. 299, 305-06, 312, 725 A.2d 572 (recognizing that, “[u]nder the discovery rule, a cause of action accrues (thereby triggering the limitations period) when the patient discovers, or should have discovered, that he or she has a cause of action”) and concluding “that the trial court erred in deciding, as a matter of law, that appellant’s claim was barred by the statute of limitations,” because “reasonable minds could differ over whether appellant should have further investigated into the matter sooner or more completely; whether she failed to exercise the degree of diligence that a reasonable person in her circumstance would have exercised; or whether any reasonable exercise of diligence under the circumstances would have led to an earlier discovery of appellee’s breach of duty”), cert. denied, 354 Md. 572, 731 A.2d 970 (1999); see also United States v. Kubrick, 444 U.S. 111, 100 S.Ct. 352, 62 L.Ed.2d 259 (1979) (concluding, under the Federal Tort Claims Act, that the plaintiff’s negli gence claim accrued when plaintiff knew of both the existence of the harm its cause).
citation_b.signal: see
citation_b.identifier: 326 Md. 107, 120-21
citation_b.parenthetical: recognizing that a cause of action accrues when a reasonably diligent plaintiff ascertains the nature and cause of his injury
citation_b.sentence: See, e.g., Frederick Rd. Ltd. P’ship, 360 Md. at 96, 756 A.2d 963 (stating, in a legal malpractice case, that “before an action is said to have accrued, a plaintiff must have notice of the nature and cause of his or her injury”) (emphasis added); United Parcel Service, Inc., 336 Md. at 579, 650 A.2d 226 (quoting Hecht, and recognizing that a claim accrues when the plaintiff “ ‘knows or should know of the injury, its probable cause, and ... [the defendant’s] wrongdoing.... ’ ”); Owens-Illinois v. Armstrong, 326 Md. 107, 120-21, 604 A.2d 47 (1992) (recognizing that a cause of action accrues when a reasonably diligent plaintiff ascertains the nature and cause of his injury); Trimper v. Porter-Hayden, 305 Md. 31, 52, 501 A.2d 446 (1985) (recognizing, in a latent disease case, that an injured person’s cause of action accrues “either 1) when he ascertains, or through the exercise of reasonable care and diligence should have ascertained, the nature and cause of his injury, or 2) at death, whichever first occurs”) (emphasis added); Harig v. Johns-Manville Products Corp., 284 Md. 70, 83, 394 A.2d 299 (1978) (concluding that, “in situations involving the latent development of disease, a plaintiffs cause of action accrues when he ascertains, or through the exercise of reasonable care and diligence, should have ascertained, the nature and cause of his injury”) (emphasis added); Benjamin, 162 Md.App. at 197, 873 A.2d 463 (suggesting that Trimper “indicates that the knowledge that a reasonable investigation would disclose is probably not sufficient if it would only show injury”); Young v. Medlantic Laboratory P’ship, 125 Md.App. 299, 305-06, 312, 725 A.2d 572 (recognizing that, “[u]nder the discovery rule, a cause of action accrues (thereby triggering the limitations period) when the patient discovers, or should have discovered, that he or she has a cause of action”) and concluding “that the trial court erred in deciding, as a matter of law, that appellant’s claim was barred by the statute of limitations,” because “reasonable minds could differ over whether appellant should have further investigated into the matter sooner or more completely; whether she failed to exercise the degree of diligence that a reasonable person in her circumstance would have exercised; or whether any reasonable exercise of diligence under the circumstances would have led to an earlier discovery of appellee’s breach of duty”), cert. denied, 354 Md. 572, 731 A.2d 970 (1999); see also United States v. Kubrick, 444 U.S. 111, 100 S.Ct. 352, 62 L.Ed.2d 259 (1979) (concluding, under the Federal Tort Claims Act, that the plaintiff’s negli gence claim accrued when plaintiff knew of both the existence of the harm its cause).