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BANDEL v. FRIEDRICH

235 N.J. Super. 384 (1989)

562 A.2d 813

WILLIAM F. BANDEL, PLAINTIFF-RESPONDENT CROSS-APPELLANT, AND CHRISTINE A. BANDEL, AS GUARDIAN AD LITEM OF REBECCA BANDEL, A MINOR, AND WILLIAM H. BANDEL, JR., A MINOR, PLAINTIFFS, v. CHARLES FRIEDRICH, M.D., DEFENDANT-APPELLANT CROSS-RESPONDENT, AND EMERGENCY PHYSICIANS ASSOCIATES, ZURBRUGG MEMORIAL HOSPITAL, JEROME W. WARREN, M.D., PENNSAUKEN MEDICAL INDUSTRIAL CLINIC, "JOHN DOE" BUSCH, M.D., GARDEN STATE COMMUNITY HOSPITAL, AND HOWARD L. PRESS, D.O., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 19, 1989.

Attorney(s) appearing for the Case

Richard A. Grossman argued the appeal for appellant cross-respondent (Grossman & Kruttschnitt, attorneys; Richard A. Grossman, of counsel; Barbara Ann Jacob on the brief and reply brief).

George H. Hulse argued the cause for respondent cross-appellant (Hulse & Germano, attorneys; George H. Hulse on the brief and reply letter brief).

Before Judges BILDER, R.S. COHEN and ARNOLD M. STEIN.

The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

The novel question raised in this medical malpractice action implicates the collateral source rule: whether plaintiff in a negligence action can recover damages for the reasonable value of home care and non-professional nursing care gratuitously provided by a third person. We conclude that such damages are recoverable.

Defendant appeals from the judgment entered after a liability verdict finding...

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