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RYAN v. RENNY

DOCKET NO. A-0176-08T3.

975 A.2d 971 (2009)

408 N.J. Super. 590

Abby RYAN and Kirk Ryan, Plaintiffs-Respondents, v. Andrew RENNY, M.D., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 3, 2009.

Attorney(s) appearing for the Case

James M. Ronan, Jr., Tinton Falls, argued the cause for appellant (Ronan, Tuzzio & Giannone, attorneys; Lauren H. Zalepka, of counsel and on the brief).

Michael J. Pender, Atlantic City, argued the cause for respondents (Targan & Pender, attorneys; Eric Meehan, on the brief).

Before Judges STERN, RODRÍGUEZ and WAUGH.

The opinion of the court was delivered by

RODRÍGUEZ, A.A., P.J.A.D.

In this appeal, we construe N.J.S.A. 2A:53A-41c, which permits, under appropriate circumstances, a waiver of the specialty criteria required of a person either testifying as an expert witness or executing an Affidavit of Merit in a medical malpractice action. The statute provides that such person must be a specialist in the same area or subspecialty of the medical malpractice defendant...

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