Cited by

at 566 (quotation omitted); see Shillady v. Elliot Community Hospital, 114 N.H. 321, 324 (1974), superseded by statute as recognized in Beane, 160 N.H. at 712 (explaining that the discovery rule avoids “undue strain upon common sense, reality, logic and simple justice to say that a cause of action has accrued to the plaintiff and has 5 been outlawed before s

The plaintiff asserts that the trial court’s decision should be reversed because the court: (1) failed to conduct an evidentiary hearing; (2) failed to balance the equities as required by Shillady v. Elliot Community Hospital, 114 N.H. 321 (1974); (3) erred in concluding that the limitations period began to run no later than the date of the IRS deficiency notice; (4) erred in refusing to extend the limitations period based upon the defendants’ failure to disclose their alleged breach of fiduciar

The trial court is therefore vested with the power to decide a statute of limitations question “at a preliminary hearing in advance of trial.” Shillady v. Elliot Community Hosp., 114 N.H. 321, 325, 320 A.2d 637, 639 (1974); cf. Fothergill v. Seabreeze Condos., 141 N.H. 115, 116, 677 A.2d 696, 697 (1996) (noting that the statute of limitations “frequently appears in motions to dismiss”).

Rowe v. John Deere, 130 N.H. 18, 23, 533 A.2d 375, 377 (1987); Raymond v. Eli Lilly & Co., 117 N.H. 164, 170, 371 A.2d 170, 174 (1977); Shillady v. Elliot Community Hosp., 114 N.H. 321, 325, 320 A.2d 637, 639 (1974).

Relying upon Shillady v. Elliot Community Hospital, 114 N.H. 321, 320 A.2d 637 (1974), the defendants argued before the district court in support of their motion to dismiss that, because the plaintiff was on notice as of May 20, 1979 that his rights may have been violated, the statute of limitations should run from that date.

generally, Shillady v. Elliott Community Hosp., 114 N.H. 321, 320 A.2d 637 (1974).

Shillady v. Elliot Community Hosp., 114 N.H. 321, 325, 320 A.2d 637, 639 (1974).

Although the discovery rule was initially employed in this State in a “foreign-object” case, Shillady v. Elliot Community Hosp., 114 N.H. 321, 320 A.2d 637 (1974), we made it clear in Brown v. Mary Hitchcock Memorial Hosp.

The rule in this State is that a statute of limitations is a matter of procedure, see Gordon v. Gordon, 118 N.H. 356, 379 A.2d 810 (1978), “[t]he interpretation arid application [of which] is traditionally within the province of the court in cases of this nature.” Shillady v. Elliot Community Hospital, 114 N.H. 321, 325, 320 A.2d 637, 639 (1974); cf. Lakeman v. Lafrance, 102 N.H. 300, 156 *848 A.2d 123 (1959).

This court held that the discovery rule applies in so-called “foreign objects” cases in which a surgeon leaves an object inside a patient’s body, Shillady v. Elliot Community Hosp., 114 N.H. 321, 320 A.2d 637 (1974).

The federal district court denied the motions for summary judgment applying principles underlying the so-called “Shillady rule” that “actions for malpractice based on the leaving of a foreign object in a patient's body do not accrue until the patient learns or in the exercise of reasonable care and diligence should have learned of its presence.” Shillady v. Elliot Community Hosp., 114 N.H. 321, 324, 320 A.2d 637, 639 (1974).

“The necessary elements of a cause of action based upon negligence are the causal negligence of the defendant plus resulting harm to the plaintiff.” Shillady v. Elliot Community Hosp., 114 N.H. 321, 323, 320 A.2d 637, 638 (1974).

Shillady v. Elliot Community Hosp., 114 N.H. 321, 323, 320 A.2d 637, 638 (1974).