Lowe v. Zarghami

The opinion of the court was delivered by

KIMMELMAN, J.A.D.

This is a medical malpractice case which was dismissed as the result of the granting of defendant-respondent Dr. Faramarz C. Zarghami’s motion for summary judgment on the ground that he *92was an employee of a public entity and had not received timely notice of plaintiffs cause of action as required by N.J.S.A. 59:8-8 of the New Jersey Tort Claims Act (the Act), N.J.S.A 59:1-1 to 12-3. Plaintiff claims that defendant was acting as an independent contractor at the time he performed the surgery alleged to constitute malpractice and that, in…