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MANCUSO v. NECKLES EX REL. NECKLES

747 A.2d 255 (2000)

163 N.J. 26

Pia MANCUSO and Lenny Mancuso, her husband, Plaintiffs-Appellants, v. Spero NECKLES, M.D., by Peter J. NECKLES, Administrator of the Estate of Spero Neckles; Karl G. Klinges, M.D., David G. Butler, M.D., James C. Van Elswyk, M.D., Spero Neckles, M.D., Professional Association also known as Drs. Klinges, Butler, Van Elswyk, Neckles, P.A.; Herbert A. Goldfarb, M.D.; Herbert A. Goldfarb M.D., P.A.; Montclair Imaging Center; Steven Sireci, M.D. and John Doe 6 through 7 (being fictitious names, true names presently unknown), Defendants, and Clifford Beinart, M.D., Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 16, 2000.

Attorney(s) appearing for the Case

Alfred D. Dimiero, Short Hills, for plaintiffs-appellants (Mella and Dimiero, attorneys).

William S. Mezzomo, Springfield, for defendant-respondent (McDonough, Korn, Eichhorn & Boyle attorneys; James R. Korn, of counsel).

William L. Gold, South Orange, submitted a brief on behalf of amicus curiae, Association of Trial Lawyers-New Jersey (Brown & Gold, attorneys).

The opinion of the Court was delivered by O'HERN, J.

This appeal and that in Gallagher v. Burdette-Tomlin Medical Hospital, 163 N.J. 38, 747 A.2d 262 (2000), also decided today, present difficult exercises in the application of the discovery rule. Each case arises in the context of a claim for medical malpractice.

"The history and principles underlying the discovery rule have been examined...

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