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

Summary

The Supreme Court of New Jersey reversed the Law Division’s summary‑judgment dismissal, 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 should control and would have affirmed the dismissal.