Two plaintiffs injured as passengers in a motor vehicle accident sought leave to add the owner and driver of their own vehicle as defendants after the two-year limitation period had expired.
The court held the discoverability doctrine did not postpone the running of time because the plaintiffs knew the identities of the proposed defendants from the outset and had sufficient facts, including speed evidence, to ground a negligence allegation within the limitation period.
The court further found the plaintiffs failed to exercise reasonable diligence by not pursuing available police disclosure through a Rule 30.10 Wagg motion and by not adequately investigating their own clients' accounts.
The motions to amend were dismissed in both actions.
