Patricia Caravaggio, Plaintiff-Appellant, and Robert Caravaggio, Her Husband, Plaintiff v. Robert D’agostini, M.D…

Summary

The Supreme Court of New Jersey held that the statute of limitations for the plaintiff’s medical malpractice claim accrued on the date the broken rod was removed and examined, not on the earlier date the plaintiff first learned of the break, and therefore reversed the lower courts’ grant of summary judgment and remanded for further proceedings. Justice LaVECCHIA dissented, arguing the claim was untimely.