“Plaintiff claims that even if his lawsuit was not filed on time, he may still proceed because Defendant did or said something that caused Plaintiff to delay filing the lawsuit. In order to establish the right to proceed, Plaintiff must prove all of the following: 1. That Defendant said or did something that caused Plaintiff to believe that it would not be necessary to file a
lawsuit; 2. That Plaintiff relied on Defendant’s conduct and therefore did not file the lawsuit within the time otherwise
required; 3. That a reasonable person in Plaintiff’s position would have relied on Defendant’s conduct; 4. That after the limitation period had expired, Defendant’s representations by words or conduct proved to not be true; and 5. That Plaintiff proceeded diligently to file suit once he discovered the need to proceed. It is not necessary that Defendant have acted in bad faith or intended to mislead Plaintiff.”
[CACI Jury Instructions [citations omitted]]
