Supreme Court of New Jersey

Clarence Burd, Plaintiff-Appellant v. New Jersey Telephone Company, a New Jersey Corporation and Continental Oil…

May 23, 197876 N.J. 284

Summary

The Supreme Court of New Jersey affirmed the judgment that the plaintiff's products liability claim was barred by the statute of limitations because the cause of action accrued when the plaintiff actually or constructively knew, or should have known with reasonable diligence, the factual basis linking the glue fumes to his heart attacks. The Court clarified that the discovery rule does not require a plaintiff to wait for a lawyer's advice before the limitations period begins.