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COGDELL v. BROWN

220 N.J. Super. 330 (1987)

531 A.2d 1379

MALESHA COGDELL, AN INFANT BY HER GUARDIAN AD LITEM, RUTH COGDELL AND RUTH COGDELL, INDIVIDUALLY, PLAINTIFFS, v. THOMAS BROWN, M.D. AND DAVID R. SNEAD, M.D., DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided June 26, 1987.

Attorney(s) appearing for the Case

John M. Blume for plaintiffs (Blume, Vazquez, Goldfaden, Berkowitz, Oliveras & Donnelly, attorneys; Carol Loughrey, of counsel).

Thomas B. Leyhane for defendant Thomas Brown, M.D. (Dughi & Hewit, attorneys).

Stephen J. Tafaro for defendant David R. Snead, M.D. (McDonough, Murray & Korn, attorneys).

VILLANUEVA, J.S.C.

Plaintiffs brought this malpractice action against an obstetrician and a pediatrician as a result of the birth of a handicapped baby.

Plaintiffs at the trial sought to call as their witness an examining doctor initially consulted by one of the defendants. Defendants objected to his appearance on behalf of plaintiffs, as a breach of loyalty and allegiance.

The primary issue is whether a plaintiff can call as a trial witness an examining...

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