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create plantiff and deffendent presentation aftere the accident, Ms . Bloom began to experience severe headaches. This was the first time that the headaches had
create plantiff and deffendent presentation
aftere the accident, Ms Bloom began to experience severe headaches. This was the first time that the headaches had become severe enough to warrant further medical investigation. It was at this point that she sought advice from her doctor, who referred her to a specialist.
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b The injury was not discoverable until the specialists diagnosis
Ms Bloom was only able to see the specialist, Dr Bonett, in July After performing extensive tests, Dr Bonett discovered a hairline fracture at the base of Ms Blooms skull. This damage was consistent with her accident. She was informed that the headaches were caused by this fracture, and that she was likely to experience the headaches for life, particularly during times of stress.
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It was only after receiving this diagnosis that Ms Bloom sought the advice of a lawyer. She met with her lawyer on September ; a statement of claim was filed on her behalf on September
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Therefore, the limitation period for this claim did not commence running on the day of the accident, but rather on the day that Ms Bloom first became aware of the longterm implications of her injury.
Act, ibid, s b
PART IV CONCLUSION
For the reasons stated above, the Plaintiff respectfully requests that the Defendants motion for dismissal be denied. The Plaintiff submits that she acted reasonably within her abilities and circumstances, and that the limitation period for this claim did not commence running until she became aware of the longterm implications of her injury.
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The Plaintiff further submits that there was sufficient reason to pause the running of the limitation period, given the nature of her injury and the circumstances surrounding its discovery.
Act, ibid, s b
Therefore, the Plaintiff respectfully requests that this Honourable Court dismiss the Defendants motion and allow the Plaintiffs claim to proceed.
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