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GODDARD v. ORTHOPEDIC CONSULTANT ASSOCIATES

177 N.J. Super. 319 (1981)

426 A.2d 542

JOAN GODDARD AND VERNON A. GODDARD, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. ORTHOPEDIC CONSULTANT ASSOCIATES, P.A. AND BAYSHORE COMMUNITY HOSPITAL, A CORPORATION, DEFENDANTS-RESPONDENTS, AND ALFRED GREISMAN, BERNARD MURPHY, AND EDMUND KAPPY, PARTNERS AND ALFRED GREISMAN, INDIVIDUALLY, BERNARD MURPHY, INDIVIDUALLY AND EDMUND KAPPY, INDIVIDUALLY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 1981.

Attorney(s) appearing for the Case

Gerald B. O'Connor argued the cause for appellants (Balk, Jacobs, Goldberger, Mandell, Seligsohn & O'Connor, attorneys).

Robert Witt argued the cause for respondent, Orthopedic Consultant Associates, P.A. (Carton, Nary, Witt & Arvanitis, attorneys).

Respondent Bayshore Community Hospital did not participate in the appeal.

Before Judges BOTTER, KING and McELROY.

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

This case presents the question whether R. 4:21, providing for the mandatory pretrial submission of medical malpractice cases to special arbitration panels, should be interpreted to preclude amendment of interrogatories pursuant to R. 4:17-7 subsequent to the rendering of the panel's decision. R. 4:21 was adopted in its present mandatory form...

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