What is the test for affirmative defense in tort accrued cases?
MultiRegion, United States of America
The following excerpt is from Muller v. Decker Coal Co., 87 F.3d 1321 (9th Cir. 1996):
"The issue of when a particular plaintiff's cause of action in tort accrued is ordinarily a question of fact for the jury to determine with the defendant bearing the burden to prove this affirmative defense." Sternhagen v. Dow Co., 711 F.Supp. 1027, 1031 (D.Mont.1989).
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