ANDERSON v. SOMBERG


67 N.J. 291 (1975)

338 A.2d 1

HENRY ANDERSON, PLAINTIFF-RESPONDENT, v. HAROLD SOMBERG, REINHOLD-SCHUMANN, INC., A CORPORATION, ST. JAMES HOSPITAL, AND LAWTON INSTRUMENT COMPANY, A CORPORATION, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided April 29, 1975.


Attorney(s) appearing for the Case

Mr. Thomas F. Campion argued the cause for defendant-appellant Harold Somberg (Messrs. Shanley & Fisher, attorneys; Mr. Campion and Mr. Joseph L. Cook, of counsel).

Mr. John I. Lisowski argued the cause for defendant-appellant Reinhold-Schumann, Inc. (Messrs. Morgan, Melhuish, Monaghan, McCoid & Spielvogel, attorneys; Mr. James L. Melhuish, of counsel and on the brief).

Mr. Edward E. Kuebler argued the cause for defendant-appellant St. James Hospital.

Mr. Donald L. Berlin argued the cause for defendant-appellant Lawton Instrument Co. (Messrs. Lieb, Teich & Berlin, attorneys).

Mr. Ira J. Zarin argued the cause for plaintiff-respondent (Messrs. Zarin and Maran, attorneys; Mr. Zarin, of counsel and on the brief).


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

These negligence-products liability actions had their inception in a surgery performed in 1967 on the premises of defendant St. James Hospital (Hospital). Plaintiff was undergoing a laminectomy, a back operation, performed by defendant Dr. Somberg. During the course of the procedure, the tip or cup of an angulated pituitary rongeur, a forceps-like instrument, broke off while the tool was being manipulated in plaintiff...

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