Legal Opinion · Concurrence

Graves v. Church & Dwight Co., Inc.

Supreme Court of New Jersey

Decided June 1, 1989Published

1ConcurrenceO’Hern, J.

This appeal presents an essentially factual controversy about the application of the discovery rule. “The history and principles underlying the discovery rule have been examined by us on numerous occasions.” Abboud v. Viscomi, 111 N.J. 56, 62 (1988); see Vispisiano v. Ashland Chem. Co., 107 N.J. 416, 425-27 (1987). No further elaboration is needed.

Suffice it to say that the rule’s “essential purpose * * * is to avoid harsh results that otherwise would flow from mechanical application of a statute of limitations.” [Vispisiano, supra, 107 N.J.] at 426 Accordingly, the doctrine “postpon[es] the…

2Cases cited18 opinions

  1. Lopez v. SwyerSupreme Court of New Jersey · 1973
  2. Fernandi v. StrullySupreme Court of New Jersey · 1961
  3. O'KEEFFE v. SnyderSupreme Court of New Jersey · 1980
  4. Farrell v. Votator Division of Chemetron Corp.Supreme Court of New Jersey · 1973
  5. Borello v. U.S. Oil Co.Wisconsin Supreme Court · 1986

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