Adkins v. Union Pac. R.r. Co.

Summary

The Nevada Supreme Court held that the discovery rule may toll the two-year limitations period for personal-injury and wrongful-death claims even though the governing statute does not expressly mention discovery-rule tolling. Because the complaint alleged possible concealment, latent toxic exposure, and unresolved questions about when individual plaintiffs discovered or should have discovered their claims, dismissal at the pleading stage was premature. The court also held that equitable tolling remained available and had not been addressed by the district court.