The plaintiff was injured in a bicycle accident in a construction zone and initially sued the municipality.
After the municipality issued a third-party claim against the contractor, the plaintiff commenced a separate action against the contractor.
The contractor moved for summary judgment, arguing the claim was statute-barred by the two-year limitation period and constituted an abuse of process.
The court dismissed the motion, finding a genuine issue for trial regarding when the plaintiff reasonably could have discovered the contractor's involvement, given her injuries and the lack of clarity about the construction site.
The court also found no abuse of process and granted the plaintiff's cross-motion to consolidate the actions.
