Carl Weaver v. Roger D. Firestone

Summary

The court affirmed the denial of Weaver’s motion to dismiss Firestone’s claims as untimely. It held that the statutory fraud-discovery rule does not toll limitations merely because the plaintiff did not know the tortfeasor’s identity, but that equitable tolling may apply when intentional concealment and diligent efforts create extraordinary circumstances. The complaint alleged sufficient facts to permit Firestone to attempt to prove equitable tolling at a later stage.