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OSTROWSKI v. AZZARA

111 N.J. 429 (1988)

545 A.2d 148

ELEANOR OSTROWSKI, PLAINTIFF-APPELLANT, v. LYNN M. AZZARA, D.P.M., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided August 11, 1988.

Attorney(s) appearing for the Case

Hanan M. Isaacs argued the cause for appellant (Felmeister & Isaacs, attorneys).

John W. O'Farrell argued the cause for respondent (Francis & Berry, attorneys; Susan R. Rubright, on the brief).

The opinion of the Court was delivered by O'HERN, J.

This case primarily concerns the legal significance of a medical malpractice claimant's pre-treatment health habits. Although the parties agreed that such habits should not be regarded as evidencing comparative fault for the medical injury at issue, we find that the instructions to the jury failed to draw the line clearly between the normal mitigation of damages expected...

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