D.h., Petitioners v. Adept Community Services, Inc., Respondents. — Canady, J., Dissenting

Summary

The dissent would approve the district court's decision affirming summary judgment because an ordinary negligence claim accrues when its last element occurs, and no statutory or recognized nonstatutory exception delays accrual based on a minor's or representative's discovery. It further concludes that the petitioners abandoned the only tolling argument presented below and could not revive a distinct guardian-ad-litem-authority argument in the Supreme Court. Justice Pariente, concurring, agrees with the majority that the tolling issue was properly preserved and explains why a dependency guardian ad litem lacked authority to bring a separate negligence action.