13 In the present case it is true that the plaintiff waited until very near the end of the limitation period before issuing the writ and then waited until very near the date when he erroneously thought he could serve, i.e. November 28, 1993. However, the defendant was aware of the incident and that the plaintiff was seeking compensation. It had the opportunity to investigate and it appears it availed itself of that opportunity, through its insurer. I am of the view that the facts of this case are distinguishable from those in Prossak v. Robinson, supra.
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