The defendants brought a motion for summary judgment to dismiss the plaintiffs' personal injury action arising from a motor vehicle accident, arguing the claim was statute-barred by the two-year limitation period.
The accident occurred in June 2011, and the plaintiff suffered a stroke one month later.
The action was commenced in July 2015.
The plaintiffs argued the limitation period was suspended due to the plaintiff's incapacity to commence a proceeding and that the claim was not discoverable until 2015 when a medical report causally linking the stroke to the accident was explained to her.
The court found genuine issues requiring a trial regarding both the plaintiff's capacity to commence a proceeding and the date of discoverability, given conflicting medical evidence about her cognitive impairments.
The motion for summary judgment was dismissed.
