Martinez v. Cooper Hospital-University Medical Center

The opinion of the Court was delivered by

LONG, J.

I

When the discovery rule was first announced in Fernandi v. Strully, 35 N.J. 434, 173 A.2d 277 (1961), and later elucidated in Lopez v. Swyer, 62 N.J. 267, 300 A.2d 563 (1973), it seemed rather straightforward. Decades later, lawyers and judges are still grappling with the application of this principle of simple justice to the myriad of circumstances that arise in everyday life. This is another such instance.

II

Plaintiff Olga Martinez is the mother of three children, two of whom were fathered by Carl Farrish, a forklift driver. On April 3, 1993,…