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FLYNN v. STEARNS

52 N.J. Super. 115 (1958)

145 A.2d 33

CATHERINE FLYNN, AN INFANT BY HER PARENT AND GUARDIAN AD LITEM, ARTHUR J. FLYNN, AND ARTHUR J. FLYNN, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. THORNTON STEARNS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 3, 1958.

Attorney(s) appearing for the Case

Mr. Herbert E. Greenstone argued the cause for plaintiffs-appellants (Messrs. Greenstone & Greenstone, attorneys; Mr. Frederick C. Vonhof, of counsel).

Mr. William P. Braun argued the cause for defendant-respondent (Messrs. Braun & Hoey, attorneys).

Before Judges PRICE, SCHETTINO and GAULKIN.

The opinion of the court was delivered by GAULKIN, J.A.D.

This is a medical malpractice case. There was a verdict for defendant, and plaintiff appeals from the resulting judgment.

On June 2, 1950 the plaintiff, then eight years old, broke her arm. She was taken immediately to a hospital and placed under the care of defendant, a specialist in orthopedics. The defendant diagnosed her injury as a "super condylar fracture, right humerus." Defendant twice attempted...

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