Legal Opinion
Lynch v. Rubacky
Supreme Court of New Jersey
Decided January 27, 1981PublishedCited by 99 opinions
1Opinion of the Court
The opinion of the Court was delivered by
HANDLER, J.
This is a medical malpractice case involving the “discovery rule” doctrine as set forth in Lopez v. Swyer, 62 N.J. 267 (1973). The appeal presents again the perplexing issue of when, under N.J.S.A. 2A:14-2, a cause of action accrues for purposes of measuring the statutory period of limitations within which a personal injury suit must be filed. In this case, the trial court ruled that the plaintiff, who claims that she suffered injury as a result of the defendant physician’s malpractice, failed to file her suit within two years of the time…
2Cases cited18 opinions
- Lopez v. SwyerSupreme Court of New Jersey · 1973
- Fernandi v. StrullySupreme Court of New Jersey · 1961
- Newmark v. Gimbel's IncorporatedSupreme Court of New Jersey · 1969
- Burd v. New Jersey Telephone CompanySupreme Court of New Jersey · 1978
- Tevis v. TevisSupreme Court of New Jersey · 1979
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3Cited by99 opinions
- Ayers v. Township of JacksonSupreme Court of New Jersey · 1987
- Robert v. Baer v. David Chase Chase Films Inc., a Delaware Corporation John Does A-ZCourt of Appeals for the Third Circuit · 2004
- Henry v. New Jersey Department of Human ServicesSupreme Court of New Jersey · 2010
- Crispin v. Volkswagenwerk, A.G.Supreme Court of New Jersey · 1984
- Bussineau v. President of Georgetown CollegeDistrict of Columbia Court of Appeals · 1986
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