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.
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.
