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Sunday, July 23, 2017

JOHN SMITH VS. ARVIND R. DATLA, M.D., ET AL. A-1339-16T3

JOHN SMITH VS. ARVIND R. DATLA, M.D., ET AL.
          A-1339-16T3
This interlocutory appeal presents novel statute of limitations issues. Plaintiff sued defendants for monetary damages and attorney's fees for (1) invasion of privacy for harmful public disclosure of private facts, (2) violation of the AIDS Assistance Act, N.J.S.A. 26:5C-1 to -14, and (3) medical malpractice arising out the defendant-doctor's alleged disclosure that plaintiff was HIV-positive in the presence of a third party without plaintiff's consent. Defendants moved to dismiss plaintiff's complaint because it was filed more than one year after the disclosure event.
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The trial court denied defendants' motion, holding that a two-year statute of limitations applied to all three causes of action. The appellate panel affirmed, agreeing that each of plaintiff's causes of action were subject to the two-year statute of limitations imposed by N.J.S.A. 2A:14-2, not the one- year statute of limitations for defamation imposed by N.J.S.A. 2A:14-3.