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Ann lives in a state that has a 2 year statute of limitations and a 10 year statute of repose in negligence cases. In 2018,
Ann lives in a state that has a 2 year statute of limitations and a 10 year statute of repose in negligence cases. In 2018, she is operated on my Sally Surgeon. Sally does a careless job of reconstructing Ann's elbow, but it is done in a way that causes no initial pain and that Ann does not notice until 2020.
Now it is 2027. Ann is frustrated by her ongoing elbow pain, and decides that she wants to sue Sally. Can her lawsuit proceed successfully?
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Yes
No, because the statute of limitations has run
No, because the statute of repose has run
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