SHAW v. RIVERDELL HOSPITAL


150 N.J. Super. 585 (1977)

376 A.2d 228

RENE J. SHAW, EXECUTOR OF THE ESTATE OF EILEEN SHAW, DECEASED, PLAINTIFF, v. RIVERDELL HOSPITAL, A CORPORATION OF THE STATE OF NEW JERSEY, EDWIN FRIEMAN, D.O., ALLAN LANS, D.O., JAY SKLAR, D.O., IRWIN LEE RHINE, D.O. AND MARVIN WISCH, D.O., INDIVIDUALLY AND AS OFFICERS AND DIRECTORS OF RIVERDELL HOSPITAL, JOHN DOE, JOHN ROE, AND JOHN HOE, SAID NAMES BEING FICTITIOUS, INDIVIDUALLY AND AS MEMBERS OR FORMER MEMBERS OF THE MORTALITY REVIEW AND/OR TISSUE REVIEW COMMITTEE OF RIVERDELL HOSPITAL, AND ELLIOTT WEINER, INDIVIDUALLY AND AS ADMINISTRATOR OF RIVERDELL HOSPITAL, DEFENDANTS. F. RONALD BIGGS, SUBSTITUTED ADMINISTRATOR C.T.A. OF THE LAST WILL AND TESTAMENT OF FRANK S. BIGGS, DECEASED, PLAINTIFF, v. MARIO E. JASCALEVICH AND RIVERDELL HOSPITAL, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 19, 1977.


Attorney(s) appearing for the Case

Mr. Joseph Clark for plaintiff Rene J. Shaw (Messrs. Liebowitz, Kraft & Liebowitz, attorneys).

Mr. Edward E. Kuebler for defendant Riverdell Hospital.

Mr. Donald E. Morrice for plaintiff F. Ronald Biggs (Messrs. Jardine & Morrice, attorneys).

Mr. Norman S. Karpf for defendant Mario Jascalevich (Messrs. Morgan, Melhuish, Monaghan & Spielvogel, attorneys).


TRAUTWEIN, A.J.S.C.

These matters were opened to the court by notices of motion by defendants who seek to have the captioned cases placed on the inactive list pending the outcome of a related criminal matter. Although the motions were separately filed, they involve similar factual backgrounds and common legal issues and will be disposed of in one consolidated opinion.

On May 18, 1976 Dr. Mario Jascalevich was charged in a five-count indictment with violations...

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