DeBELLO v. DeBELL


163 N.J. Super. 305 (1978)

394 A.2d 895

BENJAMIN DeBELLO AND ALICE DeBELLO, HIS WIFE, PLAINTIFFS-APPELLANTS, v. PETER DeBELL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 1, 1978.


Attorney(s) appearing for the Case

Mr. Domenic D. Toto argued the cause for the appellant (Messrs. Goldstein, Toto & Samson, attorneys).

Mr. Richard E. Brennan argued the cause for the respondent (Messrs. Shanley & Fisher, attorneys).

Before Judges ALLCORN and SEIDMAN.


PER CURIAM.

During the course of the deliberations of the jury in this medical malpractice case, the jury attempted to communicate with the judge to request that a transcript of the trial testimony of plaintiffs' medical expert be read. Because the occurrence took place during the regular luncheon recess, the judge was not then immediately available, and the message was brought to his attention upon his return. In the interim, however, the jury had continued

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