Melendez-Colon v. Rosado-Sanchez, No. 19-1956 (1st Cir. 2021)Annotate this Case
The First Circuit reversed the judgment of the district court dismissing and this medical malpractice claim, holding that the lawsuit was timely filed and not outside the statute of limitations.
The district court set aside a jury verdict for Plaintiffs, granted Defendants' motion for judgment as a matter of law, and dismissed this case as untimely, finding that a reasonable jury could not have concluded that this suit was not time barred. On appeal, Plaintiffs argued that even with the exercise of proper diligence they could not have had the requisite knowledge to file suit against Defendant more than one year before they did. The First Circuit agreed and reversed, holding that a reasonable jury could have found that Plaintiffs did not obtain the necessary knowledge to sue until sometime after one year prior to filing suit.