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TRAMUTOLA v. BORTONE

63 N.J. 9 (1973)

304 A.2d 197

JOSEPHINE TRAMUTOLA AND FRED N. TRAMUTOLA, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. FRANK BORTONE, M.D., AND HAZEL OLGA ELWOOD AND JEROME J. ROSE, CO-EXECUTORS OF THE ESTATE OF BENJAMIN ELWOOD, DEFENDANTS-APPELLANTS, AND THE BERTHOLD S. POLLAK HOSPITAL FOR CHEST DISEASES, DEFENDANT.

The Supreme Court of New Jersey.

Decided May 7, 1973.

Attorney(s) appearing for the Case

Mr. Joseph T. Ryan argued the cause for the defendants-appellants Hazel Olga Elwood and Jerome J. Rose, co-executors of the Estate of Benjamin Elwood (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys; Mr. William J. Cleary, Jr., on the brief).

Mr. Daniel K. Van Dorn argued the cause for the defendant-appellant Dr. Frank Bortone (Messrs. Gleeson, Hansen & Pantages, attorneys).

Mr. Morris Brown argued the cause for the plaintiffs-respondents Josephine Tramutola and Fred N. Tramutola (Messrs. Wilentz, Goldman & Spitzer, attorneys; Mr. Gene O'Donnell, on the brief).

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

The Appellate Division affirmed the judgment of liability against the defendants Bortone and Elwood but modified the apportionment of damages. 118 N.J.Super. 503 (1972). Thereafter we granted a petition by Elwood for certification. 60 N.J. 513 (1972).

In 1959 the plaintiff Josephine Tramutola was being treated at the Bayonne Hospital...

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