PROFETA v. DOVER CHRISTIAN NURSING HOME


189 N.J. Super. 83 (1983)

458 A.2d 1307

LYNN PROFETA AND FRED R. PROFETA, JR., PLAINTIFFS-APPELLANTS, v. DOVER CHRISTIAN NURSING HOME, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. IHSAN M. UYGUR, M.D., THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1983.


Attorney(s) appearing for the Case

Fred R. Profeta, Jr., of the New York Bar, argued the cause for the appellants pro hac vice (Rothbard, Rothbard & Kohn, attorneys; Jonathan Kohn of counsel and on the brief).

Douglas S. Brierley, argued the cause for respondent Dover Christian Nursing Home (Schenck, Price, Smith & King, attorneys; Steven G. Sepaniak of counsel and on the brief).

No brief was filed on behalf of third-party defendant-respondent Ihsan M. Uygur, M.D.

Before Judges MICHELS and TRAUTWEIN.


PER CURIAM.

Plaintiffs appeal from a summary judgment dismissing their complaint. The complaint, in four counts, alleged that defendant Dover Christian Nursing Home (nursing home) violated its statutory duty to notify next of kin of any change in a patient's medical condition (count I); nursing home was negligent in its failure to give such timely notice (count II); nursing home's failure to give notice arose out of willful and wanton conduct (count III), and the...

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