December 2012
At nearly the outset of a Superior Court lawsuit, Jim Peloquin and Alexis Theriault received summary judgment in favor of the firm’s client on the basis of the statute of limitations. The plaintiff had relied on the discovery rule to assert that the allegedly defective condition was inherently unknowable. Jim and Alexis successful argued that once on notice about the suspicious condition the plaintiff was obligated to inquire/investigate, and any tolling of the limitations period ceased.