The court dismissed the defendant’s motion for summary judgment in a personal injury action arising from a 2015 motor vehicle collision.
The defendant argued the action was statute-barred, but the court found the limitation period did not begin to run until the plaintiff received a diagnosis in July 2020 that clarified the severity and cause of her injuries.
The court held that the plaintiff acted diligently and that there was not a sufficient body of evidence to support a claim until the feedback session with Dr. Day.
The action was therefore commenced in time.
