FORK-HV-1044-1
Which date starts the limitation clock? HV-1044, LIM-05READING ASafe date: 2028-03-06
HELD BY THE CALENDAR, ON THE S. 5(2) PRESUMPTION
The period ends 2028-03-06. This is the calendared clock.
DOC-1044-01, p. 1“Date of collision: 2026-03-06.”
LIM-05, seeded text“a person is presumed to have known of these matters on the day the act or omission took place, unless the contrary is proved”
READING BDiscoverability: 2028-04-17
HELD BY AN ARGUMENT FOR COUNSEL
If the injury was not known until 2026-04-17, the period could end 2028-04-17. Never calendared.
DOC-1044-04, p. 1“Findings: disc injury at the lower lumbar level, first recorded on this study.”
RECOMMENDATION Keep the calendar on 2028-03-06. Record the discoverability argument as a fallback for counsel only.
Reading A writes LIM-05-C1: discoverability recorded as a fallback, never the clock. Reading B writes LIM-05-C2: discoverability date proposed as the clock. Either candidate is born in shadow.