What is the test for determining the date a plaintiff reasonably should have discovered the cause of an injury when they were injured?
MultiRegion, United States of America
The following excerpt is from Gabbard v. U.S., 892 F.2d 82 (9th Cir. 1989):
As we stated in Colleen v. United States, 843 F.2d 329, 331 (9th Cir.1987), the date a plaintiff first discovers the existence and cause of an injury is a question of fact reviewed under the clearly erroneous standard. The date a plaintiff reasonably should have discovered the existence and cause of an injury is a mixed question of law and fact, also reviewed under the clearly erroneous standard. Id.
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