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BRODY v. OVERLOOK HOSPITAL

121 N.J. Super. 299 (1972)

296 A.2d 668

SARAH BRODY, EXECUTRIX OF THE ESTATE OF EUGENE BRODY, DECEASED AND SARAH BRODY, INDIVIDUALLY, PLAINTIFF, v. OVERLOOK HOSPITAL, A CORPORATION OF THE STATE OF NEW JERSEY, ESSEX COUNTY BLOOD BANK, A CORPORATION OF THE STATE OF NEW JERSEY, EASTERN BLOOD BANK, A CORPORATION OF THE STATE OF NEW JERSEY, WILLIAM U. CAVALLARO, BERNARD ERDMAN, AND HELEN BENJAMIN, DEFENDANTS, AND ESSEX COUNTY BLOOD BANK, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-THIRD PARTY PLAINTIFF, v. EASTERN BLOOD BANK, A CORPORATION OF THE STATE OF NEW JERSEY, THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided November 13, 1972.

Attorney(s) appearing for the Case

Mr. Ira J. Zarin for plaintiff (Messrs. Zarin, Maran, Lieb & Schneider, attorneys).

Mr. Eugene M. Purcell for defendant Eastern Blood Bank.

Mr. William P. Ries for defendants Benjamin, Erdman and Overlook Hospital.

Mr. Henry Spielvogel for defendant Cavallaro (Messrs. Morgan, Melhuish, Monaghan, McCoid & Spielvogel, attorneys).

Mr. John B. Stone, Jr. for defendant Essex County Blood Bank (Messrs. Ryan, Saros, Davis & Stone, attorneys).

STEINBRUGGE, J.D.C. Temporarily Assigned.

This is an action by Sarah Brody, individually and as executrix of the estate of Eugene Brody, against a hospital, two blood banks, two doctors and a medical technician, to recover damages for the death, by serum hepatitis infection of the blood, of plaintiff's late husband, Eugene Brody. The essential facts are not in dispute. Eugene Brody was duly admitted as a paying patient...

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