Justice James Pagones

Patient Ballantine moved for leave to serve a late notice of claim and amending the action's title in this personal injury action in which she alleged she sustained serious and permanent injuries resulting paralysis after being caused to trip and fall down a flight of steps at “The Cabin.” She claimed that due to the medical care and lack of treatment by defendants—failure to use spinal precautions, among other things—she was seriously injured arguing the necessary records required to commence the action, and serve a notice of claim were not received until Jan. 2017. The court found movant demonstrated a reasonable excuse for her failure to timely file a notice of claim as she indicated malpractice have been suspected when ambulance reports were received July 2016, but expert's her counsel consulted did not wish to render an opinion until emergency room medical records were received. It stated the passage of time did not normally constitute substantial prejudice absent a showing of actual injury, and inferences of memory failure associated with the passage of time herein would not support a finding of substantial prejudice where there was no record evidence supporting such determination. Hence, Ballantine's motion was granted entirely.