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DUFFY v. ACKERHALT

138 N.J. Super. 119 (1975)

350 A.2d 283

JAMES DUFFY, ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF KATHERINE DUFFY, PLAINTIFF-APPELLANT, v. DR. J. ACKERHALT AND DR. E.P. HEALEY, DEFENDANTS, AND DR. MATTHEW J. BROZYNA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 1975.

Attorney(s) appearing for the Case

Messrs. Gelman & Gelman, attorneys for appellant (Mr. Donald L. Mantel, on the brief).

Messrs. McDonough, Murray & Korn, attorneys for respondent (Mr. James W. Taylor, on the brief).

Before Judges MATTHEWS, LORA and MORGAN.

PER CURIAM.

This medical malpractice case concerns yet another facet of the applicability of the so-called "discovery" rule exception to the bar of the statutory period of limitations. Plaintiff's decedent was last treated by defendant Brozyna, respondent herein, on December 29, 1971. For the purposes of this appeal it is admitted that at that time and for some preceding period of time decedent had been complaining to defendant of chest pains, loss of weight and appetite...

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