MARSELLO v. BARNETT ET AL.


50 N.J. 577 (1967)

236 A.2d 869

PHYLLIS MARSELLO, AN INFANT, BY HER GUARDIAN AD LITEM, JOHN MARSELLO, AND JOHN MARSELLO, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. DR. LESTER BARNETT, DR. HAROLD RUBIN AND DR. GEORGE T. WHITTLE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided December 21, 1967.


Attorney(s) appearing for the Case

Mr. John I. Lisowski for appellants (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys).

Mr. Arthur N. D'Italia, Jr. for respondents (Messrs. Warren, Chasan, Leyner & Holland, attorneys; Mr. D'Italia, on the brief).


The opinion of the court was delivered by GOLDMANN, J. (temporarily assigned).

The single question before us is whether plaintiffs, who agreed to submit their medical malpractice claim to an impartial subpanel set up under R.R. 4:25B, the rule dealing with professional liability claims, can revoke their consent prior to a hearing before the panel. The trial court permitted revocation. We granted defendant physicians' motion for certification while their appeal...

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