The defendants brought a motion for summary judgment to dismiss the plaintiff's medical malpractice action on the basis that it was statute-barred.
The plaintiff underwent jaw surgery in 2001 and experienced ongoing complications, but did not commence the action until 2008.
The plaintiff argued the claim was not discovered until she received an expert opinion in 2006.
The court applied the discoverability principles and found that the plaintiff knew or ought to have known the material facts to found a cause of action by August 2003 at the latest.
Consequently, the action was commenced beyond the applicable limitation period and was dismissed.
