ESTATE OF DAVID ERIC YEARBY AND VERONICA YEARBY, INDIVIDUALLY, AND AS ADMINISTRATRIX OF THE ESTATE OF DAVID ERIC YEARBY, PLAINTIFFS-RESPONDENTS, v. MIDDLESEX COUNTY AND PISCATAWAY TOWNSHIP, DEFENDANTS-RESPONDENTS, AND ANGELA WARD, R.N.; NICOLE TUESDAY, LPN, AND GIDEON THUO, R.N., DEFENDANTS-APPELLANTS, AND OFFICER MATHEW FINN; OFFICER DANIEL MARCINKO, OFFICER RAYMOND BOBEL; OFFICER KONSTANTINOS TRAVLOS; SERGEANT BRIAN SZUMOWSKI; LIEUTENANT RAYMOND BASON; OFFICER DANE REEVES; OFFICER KRIS PAZINSKI; OFFICER JOHN BARTLINSKI; OFFICER EUGENE MARRA; OFFICER MICHAEL DONLON; OFFICER CASTRO; LIEUTENANT KNIGHT and OFFICER MCGUIRE, DEFENDANTS., 453 N.J. Super. 388

Summary

HOLDINGS: [1]-The order restoring plaintiffs' professional malpractice action against several nurses was reversed because the trial court erred in finding plaintiffs established grounds to warrant relief from the time restrictions established by the New Jersey Legislature in the Affidavit of Merit statute, N.J.S.A. § 2A:53A-27, since the record showed plaintiffs' original counsel failed to take any measures to comply with the clear, time-sensitive requirements of the statute; [2]-The court found that, in fact, from his earliest interactions with the judicial system, plaintiffs' counsel behaved as if the civil complaint he prepared and filed did not raise any claims based on the tort of professional malpractice, thus, the doctrine of substantial compliance was not applicable when the record showed such a complete failure to take any measures to comply.