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LaFAGE v. JANI

766 A.2d 1066 (2001)

166 N.J. 412

Carmella R. LaFAGE, individually; Carmella R. LaFage, as Executrix of the Estate of Richard A. LaFage, deceased, Plaintiff, v. Devendra JANI, M.D.; Diana Mathias, R.N.; Diane Klein, R.N.; Karen Martin, R.N.; John Hobson, R.N.; D.L. Seals, R.N. and Victoria Mills, R.N.; Defendants-Appellants and Cross-Respondents, and Jane Doe, R.N. being a name/names fictitious (No. 1 through No. 6), Defendants, v. Angelo J. Falciani, PA and Angelo J. Falciani, Esquire, Intervenors-Respondents and Cross Appellants.

Supreme Court of New Jersey.

Decided February 22, 2001.

Attorney(s) appearing for the Case

Timothy P. O'Brien, Pleasantville, argued the cause for appellants and cross-respondents Diana Mathias, R.N.; Diane Klein, R.N.; Karen Martin, R.N.; John Hobson, R.N.; D.L. Seals, R.N.; Victoria Mills, R.N.; (Paarz, Master, Koernig, Crammer, O'Brien, Bishop & Horn, attorneys; Mr. O'Brien and Mary Ann C. O'Brien, on the letter briefs).

Stacy L. Moore, Jr., Marlton, argued the cause for appellant and cross-respondent Devendra Jani, M.D. (Parker McCay & Criscuolo, attorneys).

William J. Martin, Westwood, argued the cause for intervenors-respondents and cross-appellants (Martin, Gunn & Martin, attorneys).

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

This is a medical malpractice-wrongful death case. The critical issue raised is whether our Wrongful Death Act, N.J.S.A. 2A:31-1 to -6, permits equitable tolling of its two-year statute of limitations for minors whose wrongful death claims were filed twenty-seven days late. The trial court held that the Wrongful Death Act permits such tolling. The Appellate Division declined to intervene on an interlocutory...

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