Supreme Court of New Jersey

Jean Fernandi and Frank Fernandi, Her Husband, Plaintiffs-Appellants v. Vincent L. Strully, M.D., Carl L…

June 30, 196135 N.J. 434

Summary

The Supreme Court of New Jersey reversed the Law Division's summary judgment, holding that in foreign‑object malpractice cases the statute of limitations does not begin to run until the plaintiff knows or has reason to know of the foreign object, and remanded the case for trial. Justice Hall, dissenting, argued that the plain language of the statute requires a two‑year bar from the date of the operation.