Earlier this month, an appellate court in North Dakota issued a written opinion affirming the dismissal of a plaintiff’s premises liability case against a city because the case was filed after the applicable statute of limitations. In the case of Frith v. City of Fargo, the court rejected the plaintiff’s argument that a longer statute of limitations should apply because the condition that caused her injury was created by a third party rather than the city named in the lawsuit.
The plaintiff was injured in July 2012 while rollerblading in a park owned and operated by the City of Fargo. According to the court’s opinion, the plaintiff was injured when she tripped over a soft patch of pavement that had recently been placed to cover up a crack. The paving had been completed not by a city employee but by a third-party independent contractor.
The plaintiff filed a lawsuit against the city only. She claimed that the city’s negligence in failing to deal with the hazard caused her injuries. The lawsuit was within three years of the accident, but the plaintiff failed to properly serve the city, so the initial case was dismissed. The plaintiff then refiled the lawsuit and properly served the defendant in October 2015.