SWANK v. HALIVOPOULOS


108 N.J. Super. 120 (1969)

260 A.2d 240

DEBRA JANE SWANK, AN INFANT BY HER GUARDIAN AD LITEM, DALE SWANK, AND DALE SWANK, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. ELETHERIOS HALIVOPOULOS, M.D., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 29, 1969.


Attorney(s) appearing for the Case

Mr. Mark D. Larner argued the cause for appellants (Messrs. Budd, Larner, Kent & Gross, attorneys).

Mr. Raymond M. Tierney argued the cause for respondent (Messrs. Shanley & Fisher, attorneys; Mr. A. Dennis Terrell, On the Brief).

Before Judges KILKENNY, LABRECQUE and LEONARD.


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

In this pediatric malpractice case plaintiffs appeal from a judgment in favor of defendant following a jury verdict of no cause for action, and from the trial court's order denying plaintiffs a new trial.

It is not disputed that the infant plaintiff, a premature baby, developed retrolental fibroplasia which caused complete and permanent blindness. Plaintiffs assert that this condition was caused by...

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