Facts

Dawn McClendon sued Mohawk Palms HOA, Ideal Property, and Travelers Insurance, in connection with a fall that allegedly occurred on Oct. 20, 2015.

PLAINTIFF'S CONTENTIONS:
Plaintiff allegedly fell into a ditch that had a sewage pipe exposed. Her foot and ankle became entangled under the pipe causing the fall. Plaintiff was injured as a result thereof and sued defendants for premises liability and general negligence. Plaintiff claimed there was no sign warning of the dangerous condition.

DEFENDANT'S CONTENTIONS:
Defendants Mohawk and Ideal demurred, challenging the sufficiency of plaintiff's allegations. Defendants claimed that plaintiff's complaint was untimely because the incident occurred more than two years prior to the filing of the lawsuit. As such, defendants asserted it was barred under the applicable statute of limitations.

Injuries

McClendon's ankle was severely injured. She suffered from torn ligaments and required crutches to ambulate. Moreover, she continued to experience pain the area, which prevented her from wearing her usual high heels.

Result

The trial court sustained the demurrer with leave to amend.