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ALFONE v. SARNO

139 N.J. Super. 518 (1976)

354 A.2d 654

ALPHONSE ALFONE, ADMINISTRATOR OF THE ESTATE OF CONCETTA ALFONE, PLAINTIFF-APPELLANT, v. ANTHONY M. SARNO, M.D., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Reargued January 27, 1976.

Decided February 23, 1976.

Attorney(s) appearing for the Case

Mr. John M. Blume argued the cause for appellant (Messrs. Blume, Kalb & Weiseman, attorneys; Mr. Jac B. Weiseman on the brief).

Mr. Thomas F. Campion argued the cause for respondent (Messrs. Shanley & Fisher, attorneys; Mr. Thomas J. Alworth of counsel).

Before Judges LYNCH, LARNER and HORN.

The opinion of the court was delivered by HORN, J.A.D.

The single issue for decision here is whether this medical malpractice action is barred by the statute of limitations. N.J.S.A. 2A:14-2. More precisely, the question is whether under Lopez v. Swyer, 62 N.J. 267 (1973), a cause of action for medical malpractice accrues only when a patient "victim" of the malpractice knows or by the exercise of reasonable diligence and...

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