The defendant brought a motion for summary judgment to dismiss the plaintiff's medical malpractice action on the basis that the limitation period had expired.
The defendant argued the plaintiff discovered the claim when he learned a nerve had been cut during surgery.
The court found that knowledge of a cut nerve, without reason to believe it was more than an unfortunate surgical outcome, was insufficient to start the limitation period.
The defendant's motion was dismissed, and partial summary judgment was granted to the plaintiff dismissing the limitation period defence.
