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BURD v. NEW JERSEY TELEPHONE COMPANY

76 N.J. 284 (1978)

386 A.2d 1310

CLARENCE BURD, PLAINTIFF-APPELLANT, v. NEW JERSEY TELEPHONE COMPANY, A NEW JERSEY CORPORATION AND CONTINENTAL OIL COMPANY, A CORPORATION DOING BUSINESS IN NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Argued February 22, 1978.

Decided May 23, 1978.

Attorney(s) appearing for the Case

Mr. John E. Patton argued the cause for appellant (Messrs. Gaccione and Pomaco, attorneys).

Mr. William P. Ries argued the cause for respondent New Jersey Telephone Company (Messrs. Purcell, Ries & Shannon, attorneys).

Mr. Arthur G. D'Alessandro argued the cause for respondent Continental Oil Company.

The opinion of the Court was delivered by CONFORD, P.J.A.D. (temporarily assigned).

This appeal calls for further particularization of the rationale of the discovery rule in personal injury litigation as laid down in Lopez v. Swyer, 62 N.J. 267 (1973). The essence of the rule was there stated: "* * * in an appropriate case a cause of action will be held not to accrue until the injured party discovers, or by an exercise of reasonable...

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