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ANDERSON v. SOMBERG

134 N.J. Super. 1 (1973)

338 A.2d 35

HENRY ANDERSON, PLAINTIFF-APPELLANT, v. DR. HAROLD SOMBERG, ST. JAMES HOSPITAL, REINHOLD-SCHUMANN, INC., A CORPORATION, LAWTON INSTRUMENT COMPANY, A CORPORATION, AND ALCON LABORATORIES, A CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 1973.

Attorney(s) appearing for the Case

Mr. Ira J. Zarin argued the cause for appellant (Messrs. Zarin and Maran, attorneys).

Mr. James T. Clare argued the cause for respondent Harold Somberg (Messrs. Shanley & Fisher, attorneys).

Mr. Edward E. Kuebler argued the cause for respondent St. James Hospital.

Mr. John I. Lisowski argued the cause for respondent Reinhold-Schumann, Inc. (Messrs. Morgan, Melhuish, Monagahan, McCoid & Spielvogel, attorneys; Mr. James L. Melhuish, of counsel).

Mr. Donald L. Berlin argued the cause for respondent Lawton Instrument Company (Messrs. Lieb, Teich & Berlin, attorneys).

Before Judges CARTON, MINTZ and SEIDMAN.

PER CURIAM.

Plaintiff appeals from a judgment entered in favor of all defendants following a jury trial. His motion for a new trial was denied.

On November 14, 1967 plaintiff was operated on by defendant Dr. Somberg at St. James Hospital (hospital) for the removal of an intravertebral disc at the L4-5 level. During the course of the surgery the cup of one of the jaws of the metal pituitary rongeurs (forceps) being used to remove disc material broke off and...

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