Garant v. Winchester

Plaintiff was injured on property owned by two individual owners. The unit owners together formed The 18-20 Woodland Court Condominium Association (Defendant). Just prior to the expiration of the relevant three-year statute of limitations, Plaintiff filed a complaint against the individual unit owners, as well as an entity referred to as “XYZ Company.” Nearly an entire year after the expiration of the statute of limitations, Plaintiff sought leave to file an amended complaint in order to add Defendant as a defendant. A hearing justice granted summary judgment in favor of Defendant, concluding that the statute of limitations had run and that Plaintiff’s original complaint had not tolled the statute of limitations because Plaintiff knew of Defendant’s identity at the time she filed the complaint. The Supreme Court affirmed, holding that the statute of limitations on her claim was not tolled pursuant to R.I. Gen. Laws 9-5-20 because Plaintiff knew the identity of Defendant before the statutory period expired. View "Garant v. Winchester" on Justia Law