PILLER v. KOVARSKY


194 N.J. Super. 392 (1984)

476 A.2d 1279

SYLVIA PILLER, AN INFANT BY AND THROUGH HER NATURAL PARENTS AND GUARDIANS AD LITEM JOSEPH PILLER AND CECILIA PILLER, AND JOSEPH PILLER AND CECILIA PILLER, INDIVIDUALLY, PLAINTIFFS, v. ABRAHAM C. KOVARSKY, M.D., RALPH LEVINE, M.D. AND ABRAHAM C. KOVARSKY AND RALPH LEVINE, A PROFESSIONAL CORPORATION KNOWN AS WESTWOOD ORTHOPEDIC GROUP, P.A., PASCACK VALLEY HOSPITAL AND LOUIS YCRE (OR HIS PREDECESSOR) ADMINISTRATOR OF PASCACK VALLEY HOSPITAL, DEFENDANTS.

Superior Court of New Jersey, Law Division Bergen County.

Decided January 19, 1984.


Attorney(s) appearing for the Case

Saverio Cereste for plaintiffs (Valore, McAllister, Westmoreland, Gould, Vesper & Schwartz, attorneys).

Michael J. Keating, for defendants Abraham C. Kovarsky, M.D., Ralph Levine, M.D. and Westwood Orthopedic Group, P.A. (Dughi & Hewit, attorneys).

Peter Blejwas, for defendants Pascack Valley Hospital and Louis Ycre (Luongo & Catlett, attorneys).


O'HALLORAN, J.S.C.

The issue presented by plaintiffs' motion in this medical malpractice case is whether the defense should be permitted to call a treating physician as a liability expert witness at trial.

On May 2, 1979 the infant plaintiff severely fractured her left arm when she fell from a tree. She was treated by defendant orthopedists, Drs. Levine and Kovarsky, at defendant Pascack Valley Hospital. Dr. Levine reduced the fractures during surgery and...

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