TERHUNE v. MARGARET HAGUE MAT. HOSP.


63 N.J. Super. 106 (1960)

164 A.2d 75

ANNE TERHUNE AND CLIFFORD TERHUNE, PLAINTIFFS-APPELLANTS, v. MARGARET HAGUE MATERNITY HOSPITAL, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 23, 1960.


Attorney(s) appearing for the Case

Mr. Louis G. Morten argued the cause for plaintiffs-appellants (Mr. Maurice J. Frank, attorney).

Mr. Jacob Friedland argued the cause for defendants-respondents Margaret Hague Maternity Hospital, Board of Managers of Margaret Hague Maternity Hospital, County of Hudson and Dr. William D. Melosh (Mr. William F. Kelly, Jr., attorney).

Mr. Henry F. Hoey, Jr. argued the cause for defendant-respondent Dr. Arthur D. Zampella (Messrs. Braun and Hoey, attorneys).

Before Judges CONFORD, FOLEY and KILKENNY.


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

We have here to review the dismissal of a negligence action on the plaintiffs' opening. The gravamen of the action is that in the course of being delivered of a child in the defendant hospital the female plaintiff sustained a facial inflammation or rash in the nature of a burn as a result of negligence in the administration to her of an anesthetic. The defendant doctors Zampella and Melosh, and another physician...

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