Highly publicized accusations of sexual assault against comedian Bill Cosby have focused renewed attention on statutes of limitations for filing civil claims, as some of the assaults allegedly took place as many as 40 years ago. In New Jersey, our courts have developed a distinctive procedure for dealing with civil claims filed after the statute of limitations has run. Unless the statute of limitations issue is decided by motion to dismiss or on summary judgment, the issues are decided by the judge after a preliminary Lopez hearing.
The title of the hearing comes from Lopez v. Swyer, 62 N.J. 267 (1973), a case in which the plaintiff suffered severe burns during radiation therapy. Five years after the treatment ended, and three years after the two-year statute of limitations had expired, the plaintiff overheard a doctor who had been examining her say to other doctors, “And there you see, gentlemen, what happens when the radiologist puts a patient on the table and goes out and has a cup of coffee.”
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