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MILLER v. ESTATE OF SPERLING

766 A.2d 738 (2001)

166 N.J. 370

Cletis MILLER, Individually and as Executor under the Last Will and Testament of Ann F. Miller, Deceased, Plaintiff-Appellant, v. ESTATE OF Walter SPERLING, Colletta Sperling, Executrix, Defendant-Respondent.

Supreme Court of New Jersey.

Decided January 22, 2001.

Attorney(s) appearing for the Case

Willard E. Byer, Jr., argued the cause for appellant.

Michael J. Lunga, Fairfield, argued the cause for respondent (Lunga, Evers & Johnson, attorneys).

Alan Y. Medvin, Newark, argued the cause for amicus curiae, Association of Trial Lawyers of America New Jersey (Medvin & Elberg, attorneys).

The opinion of the Court was delivered by ZAZZALI, J.

The issue here is whether a plaintiff's failure to timely file a medical malpractice claim precludes a later wrongful death action arising out of the alleged malpractice.

Dr. Sperling treated plaintiff's wife from the early 1960s until 1985. During that period, Dr. Sperling prescribed a medication for her that allegedly was taken off the market because of adverse...

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