Torts: Pre-trial Dismissal of Claims-Breach of Fiduciary Duties-Discovery/Fraudulent Concealment Rule

Plaintiff appealed the adverse judgment entered in his tort case against his son.

Where the discovery rule and doctrine of fraudulent concealment did not extend the statute of limitations on plaintiff’s claims and where a family relationship, without more, did not create a fiduciary relationship, the district court correctly entered judgment against plaintiff.

Judgment is affirmed.

Atkins v. Atkins (MLW No. 79672/Case No. 22-1335 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of North Dakota, Senechal, J.