The plaintiffs brought a motion to add two snow removal contractors as defendants to a slip and fall action more than two years after the date of loss.
The proposed defendant opposed the motion, arguing the claim was statute-barred.
The court dismissed the motion against the opposing contractor, finding the plaintiffs provided absolutely no evidence regarding their diligence or discoverability during the two-year period following the incident.
The motion regarding the non-participating contractor was adjourned for further written submissions on whether the court is bound by a party's non-participation.