LOPEZ v. SWYER


62 N.J. 267 (1973)

300 A.2d 563

MARIA LOPEZ, a/k/a MARY AND MARIANTONIA LOPEZ, AND FRANK LOPEZ, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. ALFRED J. SWYER, M.D., DEFENDANT-APPELLANT, AND MILTON DANON, D.O., ROBERT OSDER, D.O., AND HAROLD STRICKER, D.O., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 20, 1973.


Attorney(s) appearing for the Case

Mr. John J. Francis, Jr., argued the cause for defendant-appellant (Messrs. Shanley and Fisher, attorneys; Mr. Francis, of counsel; Mr. Joseph L. Cook, on the brief).

Mr. David A. Pressler argued the cause for plaintiffs-respondents (Messrs. Okin, Pressler and Shapiro, attorneys; Mr. Pressler, of counsel; Mrs. Sylvia B. Pressler, on the brief).

Mr. John Robert Heher argued the cause for New Jersey Hospital Association as Amicus Curiae (Messrs. Smith, Stratton, Wise and Heher, attorneys; Mr. Heher, of counsel and on the brief).


The opinion of the Court was delivered by MOUNTAIN, J.

Plaintiff, Maria Lopez, brought suit seeking damages for personal injuries allegedly attributable to the negligence and other tortious misconduct of four defendants, all of whom are physicians. The complaint charged medical malpractice, fraud and conspiracy. Her husband, Frank Lopez, joined as plaintiff, seeking damages per quod.

All defendants moved for...

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