PESSINI v. MASSIE


115 N.J. Super. 555 (1971)

280 A.2d 499

ANTHONY F. PESSINI, PLAINTIFF, v. MARY MASSIE, GEORGE VANARELLI AND NEW JERSEY COLLEGE OF MEDICINE AND DENTISTRY, DEFENDANTS. MARY MASSIE EBERHARDT AND WILLIAM EBERHARDT, PLAINTIFFS, v. GEORGE VANARELLI AND NEW JERSEY COLLEGE OF MEDICINE AND DENTISTRY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 30, 1971.


Attorney(s) appearing for the Case

Mr. Jacob M. Goldberg, attorney for plaintiff Pessini.

Mrs. Mabel L. Richardson, attorney for plaintiffs Eberhardt.

Mr. John P. McGee, for defendant Mary Massie Eberhardt (Messrs. Gaffey, Webb & McDermott, attorneys).

Mr. Kenneth J. Fost, for defendants George Vanarelli and New Jersey College of Medicine and Dentistry, (Messrs. Stevens and Mathias, attorneys).


KIMMELMAN, J.S.C.

This matter is before the court on a motion for a new trial. It is argued that error was committed by the trial court in allowing the jury, over the timely objection of counsel, to separate and retire to their homes for the evening, thereby temporarily suspending their deliberations before they had reached a verdict.

By way of background, it is appropriate to record certain salient facts: On May 5, 1969 at approximately 5:30 P.M. at the intersection...

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