DeHANES v. ROTHMAN


727 A.2d 8 (1999)

158 N.J. 90

Mary Beth DeHANES, Administratrix and Administratrix ad Prosequendum of the Estate of Joseph F. DeHanes and Mary Beth DeHanes, Individually, Plaintiffs-Respondents, v. Michael ROTHMAN, M.D., Defendant-Appellant, and Dr. Lorkin, Madho Sharma, M.D., Meena Sinha, M.D., Raritan Bay Medical Center, Stephen Germond, M.D., A. Abelowitz, R.N., M. Murray, R.N., R. Vora, R.N., S. Schmidt, R.N., John Doe, M.D. (a fictitious name), Paul Soe, M.D., (a fictitious name), Richard Hoe, M.D. (a fictitious name), Sue Soe, R.N. (a fictitious name), Mary Roe, R.N. (a fictitious name), James Brown, R.N. (a fictitious name), R.N. (a fictitious name), Sally Brown (a fictitious name), Mary Toe (a fictitious name) and Peter Poe (a fictitious name), Defendants.

Supreme Court of New Jersey.

Decided April 19, 1999.


Attorney(s) appearing for the Case

Joseph P. La Sala, Morristown, for defendant-appellant (McElroy, Deutsch & Mulvaney, attorneys; Mr. La Sala and John T. Coyne, on the briefs).

Michael B. Zerres, Chatham, for plaintiffs-respondents (Blume Goldfaden Berkowitz Donnelly Fried & Forte, attorneys).

Bruce H. Stern, for amicus curiae, Association of Trial Lawyers of America-New Jersey (Stark & Stark, attorneys; Mr. Stern, Lawrenceville, and Glen D. Gilmore, Princeton, on the brief).


The opinion of the Court was delivered by O'HERN, J.

This appeal concerns the right of an attorney during summation to suggest to a jury an aggregate sum or "bottom-line" figure to award for a claim of unliquidated economic damages. Specifically, the question is whether it was proper in this wrongful death action for the attorney for a decedent's surviving spouse and children to argue to the jury that the family had suffered a loss of approximately $2 million, of...

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