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CARAVAGGIO v. D'AGOSTINI

765 A.2d 182 (2001)

166 N.J. 237

Patricia CARAVAGGIO, Plaintiff-Appellant, and Robert Caravaggio, her husband, Plaintiff, v. Robert D'AGOSTINI, M.D., Defendant-Respondent, and Morristown Memorial Hospital, and XYZ Corporation, (said name being fictitious and presently unknown), Defendants.

Supreme Court of New Jersey.

Decided January 22, 2001.

Attorney(s) appearing for the Case

Charles S. Lorber, Fairfield, argued the cause for appellant (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys).

Melvin Greenberg, Newark, argued the cause for respondent (Greenberg Dauber Epstein & Tucker, attorneys; Mr. Greenberg and Stephen O. Mortenson, on the briefs).

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

The discovery rule, incorporating as it does a notion of simple justice, has been anything but simple in application, as evidenced by the amount of litigation it has spawned. Decades after its enunciation, lawyers and judges are still grappling with its application. This is another such case.

I

Plaintiff Patricia Caravaggio and her husband were seriously...

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