The plaintiff slipped and fell on an icy sidewalk in December 2016 and sued the municipality and builder in October 2018.
In the fall of 2019, the plaintiff learned the municipality had hired a private winter maintenance contractor and commenced a separate action against the contractor in December 2019.
The contractor moved for summary judgment, arguing the claim was statute-barred by the two-year limitation period.
The court dismissed the motion, finding the contractor failed to meet its initial burden of showing that a reasonable person in the plaintiff's position ought to have discovered the claim against the contractor more than two years before the action was commenced.
