Cade v. Regensberger

Opinion by

Judge ENOCH * .

Plaintiff, Bobbie Cade, appeals from the dismissal of her negligence action against defendant, Edward Regensberger. We reverse and remand.

The complaint alleged that, on November 4, 1986, plaintiff slipped and fell as she was descending a flight of stairs in an apartment building owned by defendant. She asserts that she experienced pain in her elbow and back on the date of the accident and was taken to the emergency room for X-rays on that day. The complaint was filed on November 4, 1988.

Defendant’s answer raised the affirmative defense that plaintiff had failed to…