PRESSLAFF v. ROBINS


168 N.J. Super. 543 (1979)

403 A.2d 939

ESTELLE K. PRESSLAFF, AS ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE ESTATE OF ALLEN MARK PRESSLAFF, AND ESTELLE K. PRESSLAFF, INDIVIDUALLY, PLAINTIFF-APPELLANT, v. BERNARD ROBINS, M.D., PFIZER LABORATORIES DIVISION, A DIVISION OF PFIZER, INC., U.S.V. PHARMACEUTICAL CORP., CIBA PHARMACEUTICAL CO., A DIVISION OF CIBA-GEIGY CORP., SUPERMARKETS GENERAL CORPORATION, T/A PATHMARK PHARMACY, MEDI-MART PRESCRIPTION DRUG STORE, A DIVISION OF STOP & SHOP CO., JOHN DOE AND HARRY DOE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 1979.


Attorney(s) appearing for the Case

Mr. David Lustbader argued the cause for appellant (Mr. Philip M. Lustbader, Mr. David Lustbader, attorneys; Mr. Stephen L. Hopkins on the brief).

Ms. Molly B. Cannon argued the cause for respondent Bernard Robins, M.D. (Messrs. Shanley & Fisher, attorneys).

Mr. John C. Heavey, Jr., argued the cause for respondent Pfizer Laboratories Division, a division of Pfizer, Inc. (Messrs. Carpenter, Bennett & Morrisey, attorneys).

Mr. James L. Melhuish argued the cause for respondents Ciba-Geigy Corporation and USV Pharmaceutical Corp. (Messrs. Morgan, Melhuish, Monaghan & Spielvogel, attorneys; Mr. James S. Dobis on the brief).

Mr. Robert J. McCoid argued the cause for respondent Medi-Mart Prescription Drug Store, a division of Stop & Shop Co. (Messrs. Budd, Larner, Kent, Gross, Picillo & Rosenbaum, attorneys).

Before Judges CONFORD, PRESSLER and KING.


The opinion of the court was delivered by CONFORD, P.J.A.D. (retired and temporarily assigned).

This is an appeal from an interlocutory order, taken by leave of this court, from an order partially granting defendants' motion for summary judgment on a claim for wrongful death of decedent allegedly due to medical malpractice and the use of a defective pharmaceutical product. The court granted leave in order to settle...

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