The defendant moved for partial summary judgment to dismiss the plaintiffs' claims arising from a 1996 motor vehicle accident, arguing the action commenced in 2007 was statute-barred.
The plaintiff contended she did not discover the serious nature of her knee injury until 2007 when she was forced to stop working and required a total knee replacement.
The court dismissed the motion, finding that determining when the plaintiff knew or ought to have known she had a serious impairment required a full trial to assess conflicting evidence and credibility.
