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BRODY v. OVERLOOK HOSPITAL

127 N.J. Super. 331 (1974)

317 A.2d 392

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

Superior Court of New Jersey, Appellate Division.

Decided March 26, 1974.

Attorney(s) appearing for the Case

Mr. Bartholomew A. Longo argued the cause for appellant Essex County Blood Bank (Messrs. Ryan, Saros, Davis and Stone, attorneys).

Mr. William P. Ries argued the cause for appellant Overlook Hospital.

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

Mr. Robert J. McCoid argued the cause for respondent Cavallaro (Messrs. Morgan, Melhuish, Monaghan, McCoid and Spielvogel, attorneys; Mr. Henry Spielvogel, of counsel).

An amicus curiae brief was filed on behalf of New Jersey Hospital Association by Messrs. McCarter & English, attorneys (Mr. Woodruff J. English and Mr. Eugene M. Haring, of counsel; Mr. Frederick B. Lehlbach, on the brief).

An amicus curiae brief was filed on behalf of New Jersey Blood Bank Association by Messrs. Shanley & Fisher, attorneys (Mr. John J. Francis, Jr., of counsel; Mr. Albert L. Strunk, III, on the brief).

Before Judges LEONARD, ALLCORN and CRAHAY.

The opinion of the court was delivered by LEONARD, P.J.A.D.

Defendants Overlook Hospital (Overlook) and Essex County Blood Bank (County Blood Bank), with leave first granted, appeal from a judgment as to liability only, entered upon a jury verdict against them and in favor of plaintiff.

On December 18, 1966 decedent Eugene Brody was admitted to Overlook for the treatment of a severely comminuted fracture of his right femur. On the same day defendant William...

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