Metzger v. Kalke

In Metzger v. Kalke, 709 P.2d 414 (Wyo. 1985) the Court interpreted the statute's plain language and, after an extended, thoughtful discussion of the issue, determined that "in view of the specific language of the statute and the rationale behind the discovery rule generally, . . . a plaintiff discovers an 'alleged act, error or omission' within the meaning of the statute when he learns that his harm resulted from the wrongful conduct of the defendants." Id. 709 P.2d at 419. The Court in Metzger pointed out that the applicable statute extends the limitation period based on the plaintiff's actual discovery of the alleged conduct. Id. at 420. The court went on to say: "We are not concerned with what appellants in this case may have suspected or what they should have known in December, 1981. The affidavits submitted on behalf of appellants establish that they learned of appellees' alleged wrongdoing on July 15, 1982." Id.