CHEUNG v. CUNNINGHAM


214 N.J. Super. 649 (1987)

520 A.2d 832

YIK SANG CHEUNG AND ELEANORA CHEUNG, PLAINTIFFS-APPELLANTS, v. WILLIAM F. CUNNINGHAM, M.D., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 1987.

Amended January 26, 1987.


Attorney(s) appearing for the Case

Richard J. Levinson argued the cause for appellant (Levinson, Conover, Axelrod, Wheaton & Grayzel, attorneys for appellants; George H. Conover, Jr. and Richard Levinson, of counsel; Madeline Schillaci Kropoth, on the brief).

Melinda Fabrikant argued the cause for respondent (McDonough, Murray & Korn, attorneys for respondent; Robert P. McDonough, of counsel; Melinda Fabrikant, on the brief).

Before Judges DREIER, SHEBELL and STERN.


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

Appellants, Yik Sang Cheung and Eleanora Cheung, his wife, brought an action against respondent, William F. Cunningham, M.D., who performed a surgical procedure on Yik Sang Cheung's spine which left him paralyzed. The case proceeded to the jury only on the theory of lack of informed consent. It returned a verdict of no cause for action after being charged that...

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