Statute of Limitations Defense In Arizona
In Arizona, a defense based upon the statute of limitations is generally disfavored. Montano v. Browning, 202 Ariz. 544, 546 P4, 48 P.3d 494, 496 (App. 2002).
Determination of a claim's accrual date for limitations period usually is a question of fact, with the inquiry centering on the plaintiff's knowledge of the subject event and resultant knowledge of the subject event and resultant injuries, whom the plaintiff believed was responsible, and plaintiff's diligence in pursuing the claim. Logerquist v. Danforth, 188 Ariz. 16, 22, 932 P.2d 281, 288 (App. 1996).
The Court will not resolve statute-of-limitations issues based upon disputed facts, id., although we will review questions of law de novo. Montano, 202 Ariz. at 546 P4, 48 P.3d at 496