JAMES WALSH v. BARNABAS HEALTH COMMUNITY MEDICAL CENTER

NOT FOR PUBLICATION WITHOUT THE
                      APPROVAL OF THE APPELLATE DIVISION
     This opinion shall not "constitute precedent or be binding upon any court."
      Although it is posted on the internet, this opinion is binding only on the
        parties in the case and its use in other cases is limited. R. 1:36-3.




                                       SUPERIOR COURT OF NEW JERSEY
                                       APPELLATE DIVISION
                                       DOCKET NO. A-4821-16T4

JAMES WALSH as Administrator
ad Prosequendum of the Estate
of JOHN PATRICK WALSH, JR.,
Deceased,

        Plaintiff-Appellant,

v.

BARNABAS HEALTH COMMUNITY
MEDICAL CENTER,

     Defendant-Respondent.
_________________________________

              Argued May 15, 2018 – Decided May 22, 2018

              Before Judges Fisher and Fasciale.

              On appeal from Superior Court of New Jersey,
              Law Division, Ocean County, Docket No. L-1589-
              16.

              Lynette   Siragusa  argued   the  cause   for
              appellant (Siragusa Law Firm, LLC, attorneys;
              Lynette Siragusa, of counsel and on the
              briefs; Robert D. Bailey, on the brief).

              John M. Hockin, Jr. argued the cause for
              respondent (Ronan Tuzzio & Giannone, PC,
              attorneys; Lauren H. Zalepka, of counsel and
              on the brief; Nicole M. Geraci, on the brief).

PER CURIAM
      Plaintiff appeals from an order dismissing the complaint for

failure to serve a timely Affidavit of Merit (AOM) as required by

the AOM statute, 
N.J.S.A. 2A:53A-26 to -29.                We conclude that

plaintiff's arguments are without sufficient merit to warrant

discussion in a written opinion, R. 2:11-3(e)(1)(E), and affirm

substantially for the reasons expressed by Judge James Den Uyl in

his written opinion.      We add the following brief remarks.

      The   decedent    sought     medical    treatment    at   the    Community

Medical Center (defendant).           A licensed nurse practitioner in the

emergency department examined decedent, ordered a urine test, and

discharged       him.   Within    a   week,   decedent    committed     suicide.

Plaintiff sued defendant, a licensed health care facility, not the

nurse practitioner.

      Defendant filed its answer on November 3, 2016.                 On January

4, 2017, the judge conducted a Ferreira1 conference and extended

the AOM deadline sixty days.          Although service of the AOM was due

no later than March 3, 2017, plaintiff served it on April 11,

2017.   Plaintiff therefore failed to "state a cause of action."


N.J.S.A. 2A:53A-29.      Plaintiff's purported reason for missing the

deadline     –    difficulty     finding    an   appropriate    expert     –    is




1
    Ferreira v. Rancocas Orthopedic Assocs., 
178 N.J. 144 (2003).

                                        2                                A-4821-16T4
insufficient to establish exceptional circumstances to extend the

deadline.

     Affirmed.




                                3                         A-4821-16T4