Roundup Of July Cases



New Jersey Supreme Court, Equity and Law Reports

GUICHARDO v. RUBINFELD, A-112-01 (N.J. 7-16-2003)

A-112 September Term 2001

Decided July 16, 2003

Application of the discovery rule to toll the running of the statute of limitations in a medical malpractice action.



New Jersey Superior Court Reports

KINSELLA v. WELCH, A-2985-02T2 (N.J. Super. 7-15-2003)

No. A-2985-02T2

Decided July 15, 2003

Defendants NYT Television and the New York Times Company appeal order which determined that a videotape of plaintiff's treatment at Jersey Shore Medical Center is not protected by the Newsperson's Privilege, N.J.S.A. 2A:84A-21 to 21.8, and therefore must be produced for examination by plaintiff.



New Jersey Superior Court Reports

ADAMS v. NEW YORK GIANTS, A-3120-01T3 (N.J. Super. 7-3-2003)

No. A-3120-01T3

Decided July 3, 2003

Appellant George Adams appeals from a final order of the Division of Workers' Compensation dismissing his employee claim petition for failure to file a claim within the two year statutory limitation period of N.J.S.A. 34:15-51. Adams filed his petition on July 25, 1996. The respondent, New York Giants, filed an answer along with a motion to dismiss the petition as time barred. Thereafter, Adams filed for medical and temporary benefits seeking payment of past medical expenses for hip replacement surgery as well as future expenses for a second hip replacement. An evidentiary hearing was held on both Adams' application and the Giants' motion to dismiss on varying dates between January 21, 1999 and June 21, 2001. On January 29, 2002, the judge of compensation issued an order and written opinion dismissing the claim for lack of jurisdiction due to Adams' failure to file the petition within the time limitation of N.J.S.A. 34:15-51. Adams appeals from that order.



New Jersey Supreme Court, Equity and Law Reports

TISCHLER v. WATTS, A-77-01 (N.J. 7-24-2003)

A-77 September Term 2001

Decided July 24, 2003

In November 1995, David C. Watts, M.D., performed a surgical procedure known as reduction mammoplasty on plaintiff who was fifteen years old at the time. More than three years later, plaintiff returned to Dr. Watts with ailments resulting from the reduction surgery, including permanent loss of the ability to breastfeed, loss of tactile sensation, scarring, and disfigurement. Subsequently, on November 24, 1999, plaintiff hired an attorney and brought suit against Dr. Watts. The complaint alleged that Dr. Watts's deviation from the standard of care in performing the reduction mammoplasty caused plaintiff's complications.



New Jersey Superior Court Reports

CZEPAS v. SCHENK, A-3583-01T5 (N.J. Super. 7-3-2003)

No. A-3583-01T5

Decided July 3, 2003

In September 1997, plaintiff was injured as he tried to jump into a rolling car which was about to strike his wife. He was treated for his injuries by defendant medical providers. Believing he received inadequate medical care, in the spring of 1999 plaintiff contacted counsel who had an orthopedic specialist review plaintiff's medical records. Although the specialist suggested that one or more of the healthcare providers may have deviated from the standard of care, he was unable to specify any particular deviation or attribute responsibility to any particular provider.