David Agosto v. William J. Rifley and Lola K. Rifley

968 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David AGOSTO, Plaintiff-Appellant, v. William J. RIFLEY and Lola K. Rifley, Defendants-Appellees. No. 91-15709. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1992. * Decided July 21, 1992. Before ALARCON, CYNTHIA HOLCOMB HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Appellant David Agosto appeals pro se the district court's dismissal of his negligence action against appellees William and Lola Rifley. Agosto claims that on September 11, 1987, he sustained injuries on the Rifleys' property when he tripped on a defect in the floor. On September 25, 1990, he filed his negligence action, after the applicable two year statute of limitations period had run. A.R.S. § 12-542. The district court rejected Agosto's claim that fraudulent concealment of the Rifleys' ownership had tolled the statute of limitations, because Agosto did not claim that they had made any misrepresentation and their…