LYNCH v. RUBACKY


85 N.J. 65 (1981)

424 A.2d 1169

ISABEL LYNCH, PLAINTIFF-APPELLANT, v. GERALD E. RUBACKY, M.D., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 27, 1981.


Attorney(s) appearing for the Case

Anthony M. Mahoney argued the cause for appellant (Bernstein and Mahoney, attorneys; Dennis M. Mahoney and Marc M. Gaelen, on the briefs).

Raymond M. Tierney, Jr. argued the cause for respondent (Shanley & Fisher, attorneys; John D. Clemen, on the brief).


The opinion of the Court was delivered by HANDLER, J.

This is a medical malpractice case involving the "discovery rule" doctrine as set forth in Lopez v. Swyer, 62 N.J. 267 (1973). The appeal presents again the perplexing issue of when, under N.J.S.A. 2A:14-2, a cause of action accrues for purposes of measuring the statutory period of limitations within which a personal injury suit must be filed. In this case, the trial...

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