The plaintiff slipped and fell in a grocery store parking lot on January 6, 2015.
She commenced an action against the store on January 5, 2017, and a separate action against the snow removal contractor on October 13, 2017.
The contractor brought a motion for summary judgment, arguing the claim was statute-barred.
The court granted the motion, finding the plaintiff failed to rebut the statutory presumption that she discovered her claim on the date of the fall, and alternatively, that a reasonable person would have discovered the claim within six months.
The action was dismissed.
