United States District Court, D. New Jersey, Camden Vicinage
May 3, 2005.
CAMDEN VICINAGE NANCY PERLMAN, Plaintiff,
VIRTUA HEALTH, INC. et al., Defendants.
The opinion of the court was delivered by: ROBERT KUGLER, Magistrate Judge
This matter is before the Court on a motion for summary judgment filed by
Defendants Donna Forrest and Glee Baker. The Court will deny their motion.
Provided below is a brief explanation of the Court's decision, issued solely
for the benefit of the parties.
Forrest and Baker move for summary judgment, arguing that the statute of
limitations on Plaintiff Nancy Perlman's personal injury claims against them
has run. The Honorable Judge Joel Rosen, U.S.M.J., already decided that the
statute of limitations had not run when he permitted Perlman to amend her
complaint to add Baker and Forrest as Defendants. Judge Rosen's decision is
the law of the case and there is no apparent reason to depart from that
decision. As the parties are aware, this Court did part from Judge Rosen's decision regarding the statute of limitations as it
applied to claims against Defendants Arbittier and Boyce. In
their cases, there was evidence from Perlman's deposition that
Perlman was aware that the operating room staff attending the
surgery was responsible for inspecting the equipment before use.
That evidence was not available to Judge Rosen when he ruled on
the effect of the statute of limitations for claims against
Arbittier and Boyce. On the present motion, Defendants have not
demonstrated that there is any evidence now available that was
not previously available to Judge Rosen. Indeed, Defendants have
not even included Perlman's deposition in the record; and have
not discussed those aspects of the deposition on which the Court
relied to grant summary judgment in favor of Arbittier and Boyce.
Therefore, the Court concludes that Judge Rosen's ruling with regard to
Baker and Forrest is the law of the case and will not be altered.
Accordingly, the Court will deny the motion for summary judgment.
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