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FOSGATE v. CORONA

66 N.J. 268 (1974)

330 A.2d 355

MARY FOSGATE, PATRICIA FOSGATE, FRANK FOSGATE AS GUARDIAN AD LITEM FOR MARILYN FOSGATE, AN INFANT, AND WENDY ANN FOSGATE, AN INFANT, AND FRANK FOSGATE, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. ANTHONY G. CORONA, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 18, 1974.

Attorney(s) appearing for the Case

Mr. Charles J. Farley, Jr., argued the cause for appellants (Messrs. Farley & Farley, attorneys).

Mr. Paul B. Thompson argued the cause for respondent (Mr. Frank L. Brunetti on the brief; Messrs. Lamb, Hutchinson, Thompson & Chappell, attorneys).

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

This is a malpractice case in which certification was granted, 65 N.J. 283 (1974), to consider plaintiffs' contention that the damages awarded by the jury were patently inadequate and were the result of an erroneous charge by the trial court on the issue of aggravation of a preexisting disease.

The charge of malpractice stems from plaintiff Mary Fosgate having consulted...

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