APGAR v. LEDERLE LABORATORIES


123 N.J. 450 (1991)

588 A.2d 380

KELLY ANN APGAR, PLAINTIFF-RESPONDENT, v. LEDERLE LABORATORIES, A DIVISION OF AMERICAN CYANAMID COMPANY, A MAINE CORPORATION DOING BUSINESS IN THE STATE OF NEW JERSEY, PFIZER, INC., A DELAWARE CORPORATION DOING BUSINESS IN THE STATE OF NEW JERSEY, AND THE UPJOHN COMPANY, A DELAWARE CORPORATION DOING BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 28, 1991.


Attorney(s) appearing for the Case

Susan M. Sharko argued the cause for appellant The Upjohn Company, a Delaware corporation doing business in the State of New Jersey, (Shanley & Fisher, attorneys; Susan M. Sharko and Benjamin H. Haftel, on the brief).

Douglas S. Brierley argued the cause for appellant Pfizer, Inc., a Delaware corporation doing business in the State of New Jersey, (Schenck, Price, Smith & King, attorneys).

James L. Melhuish argued the cause for appellant Lederle Laboratories, a division of American Cyanamid Company, a Maine corporation doing business in the State of New Jersey, (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys).

James I. Peck, IV, argued the cause for respondent.


PER CURIAM

Plaintiff claims that in 1963 and 1964 she ingested certain drugs manufactured and distributed by defendants, and that because those drugs were defective, they produced discoloration in her adult teeth. She started this products-liability action in 1988. After discovery, defendants moved for summary judgment based on the statute of limitations, N.J.S.A. 2A:14-2 and -21. Plaintiff relied on our "discovery rule," arguing that she did not know, and...

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