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Bolden v. Village of Corrales8/21/1990
re the injury is latent and the worker cannot know the seriousness and probable compensable character of the injury.
It was immediately apparent to plaintiff that she suffered an injury from her fall. She promptly went to the emergency room of the hospital for treatment and was diagnosed as having a broken ankle. The fact that the full extent of the injury was not known does not affect the running of the statute of limitations. See . To so hold would defeat the purpose of the statute of limitations. It is not required that all the damages resulting from the negligent act be known before the statute of limitations begins to run. Once plaintiff suffers loss or injury, the statute begins to run. See .
Here plaintiff suffered an injury on December 6, 1987. The statute of limitations ran on December 6, 1989. The filing of plaintiff's complaint on December 7, 1989, did not comply with the two-year statute of limitations. The complaint should have been dismissed for non-compliance. This case is reversed and remanded to the district court for entry of an order of dismissal.
IT IS SO ORDERED.
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