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Beadling v. Sirotta

Decided: December 4, 1961.

GEORGE BEADLING, PLAINTIFF,
v.
E. BERNARD SIROTTA AND SAMUEL LANGSTON COMPANY, A N.J. CORP., DEFENDANTS



On motion for summary judgment.

Wood, J.c.c.

Wood

This case is before the court upon the separate motions of the defendants E. Bernard Sirotta and Samuel M. Langston Co., for summary judgment in their favor.

Plaintiff alleges that he made application to defendant Langston Company for a job; that his application was accepted and that he was sent to one Dr. Milnamow for

examination; that Dr. Milnamow in turn referred plaintiff to defendant Dr. Sirotta for x-ray examination; that defendant Sirotta took x-ray pictures and reported that they disclosed the presence of reactivated tuberculosis; that the report was erroneous and that the error was the result of negligence on the part of defendant Sirotta, in the making of the x-ray examination, diagnosis and report; that as the result of this erroneous report plaintiff was unable to secure his anticipated employment, and also lost his existing employment for an extended period of time, and further that he was put to considerable expense because he underwent further examinations and tests in connection with the supposed tubercular condition.

As to the defendant Langston, plaintiff alleges that defendant Sirotta was acting as Langston's agent or servant and that Langston is answerable to the plaintiff under the doctrine of respondeat superior.

Defendants base their motions upon the following grounds, which are set forth in identical language in both motions:

1. That there is no genuine dispute as to issue of fact

2. The facts do not support a cause of action in favor of the plaintiff

3. Any cause of action in favor of the plaintiff is barred by the statute of limitations.

I. The motion of the defendant Sirotta:

This defendant argues that this case is analogous to the defamation cases. Upon that premise, he argues that the report must be considered as in the nature of a libellous or defamatory statement, and that, this being so, the action must be dismissed because it is barred by the statute of limitations, N.J.S. 2A:14-3. Additionally defendant argues that the report is privileged as a communication made upon a subject matter as to which the party communicating has an interest or duty, if ...


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