Walker v. Choudhary
40 A.3d 63
| N.J. Super. Ct. App. Div. | 2012Background
- Executor filed wrongful death and medical malpractice claims arising from decedent's treatment on Nov. 30, 2005, against a doctor, a medical group, and a hospital ownership entity.
- All defendants were served on Dec. 5, 2007, the last day of the two-year limitations period for wrongful death and medical malpractice claims.
- Kiger, a doctor employed by Physician Services, was added in April 2008 after Diorio moved to dismiss and the court granted leave to amend.
- Kiger was dismissed with prejudice on Aug. 1, 2008 on statute-of-limitations grounds; Physician Services sought vicarious liability based on Kiger’s alleged conduct.
- Physician Services, Healthcare, and Medical Center moved for partial summary judgment; court granted some of these motions in 2010, leading to appeals; the case was remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 4:9-3 relation-back saves the claim against Kiger. | Walker contends amended complaint relates back. | Kiger argues no relation-back. | Remand for Lopez hearing; relation-back undecided. |
| Whether a prior involuntary dismissal on statute of limitations bars res judicata against employer defendants. | Respondeat superior claims survive against Healthcare and Physician Services. | Dismissal against Kiger should preclude others. | Employer claims reinstated; dismissal not final bar; remand for proceedings. |
Key Cases Cited
- Lopez v. Swyer, 62 N.J. 267 (N.J. 1973) ( Lopez hearing required for relation-back factuals)
- Aruta v. Keller, 134 N.J. Super. 522 (App.Div.1975) (Lopez-like hearing appropriate on relation-back issues)
- Kernan v. One Washington Park Urban Renewal Assocs., 154 N.J. 437 (1998) (liberal construction of Rule 4:9-3)
- Wimmer v. Coombs, 198 N.J. Super. 184 (App.Div.1985) (notice and prejudice considerations in relation-back)
- Mortgagelinq Corp. v. Commonwealth Land Title Ins. Co., 142 N.J. 336 (1995) (merits can be adjudicated by early procedural dismissals; res judicata analysis)
- Feinsod v. Noon, 261 N.J. Super. 82 (App.Div.1992) (dismissal with prejudice can be adjudication on the merits for res judicata purposes)
- Culver v. Insurance Co. of North America, 115 N.J. 451 (1989) (final adjudication on merits required for res judicata)
- Selective Ins. Co. v. McAllister, 327 N.J. Super. 168 (App.Div.2000) (res judicata; question of law; de novo review)