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TIERNEY BY TIERNEY v. ST. MICHAEL'S MEDICAL CENTER

214 N.J. Super. 27 (1986)

518 A.2d 242

NICHOLAS TIERNEY, AN INFANT BY HIS GUARDIAN AD LITEM, BARBARA TIERNEY, AND BARBARA TIERNEY, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. ST. MICHAEL'S MEDICAL CENTER, VIRGINIA GUNNELL, AIDA CRUZ, CHRIS WILLIAMS, EDITH ELEFANTE, MARY FARLEY, AND ANGEL MUNOZ, DEFENDANTS-APPELLANTS, AND DR. PATRICK CINELLI, EILEEN DIAZ, DELORES BANKS, R. RAY AND M. ADAMS, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 1986.

Attorney(s) appearing for the Case

Leonard Rosenstein argued the cause for appellants (Feuerstein, Sachs, Maitlin, Rosenstein & Fleming, attorneys).

Bernard A. Kuttner argued the cause for respondents (Kuttner, Toner & DiBenedetto, attorneys).

Before Judges ANTELL, LONG and D'ANNUNZIO.

The opinion of the court was delivered by D'ANNUNZIO, J.S.C., temporarily assigned.

The infant plaintiff was hospitalized on September 19, 1981 at the age of 17 months. Two days later the mother of another patient reported to a nurse that the infant had fallen while attempting to climb out of his crib. X-ray examination of the child revealed a linear skull fracture. The plaintiffs conceded that the child suffered no neurological deficit as the result of the skull...

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