What is the test for 'discovery' in a personal injury action?

MultiRegion, United States of America

The following excerpt is from Von Brimer v. Whirlpool Corp., 536 F.2d 838 (9th Cir. 1976):

While this question of knowledge can be a factual one, "when (the) knowledge had by or imputed to plaintiff is such as to compel the conclusion that a prudent man would have suspected the fraud, the court may determine as a matter of law that there has been 'discovery.' " Helfer v. Hubert, 208 Cal.App.2d 22, 24 Cal.Rptr. 900, 902 (1962).

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