SIDNEY BLITZ, PLAINTIFF-APPELLANT,
v.
JOHN HUTCHINSON, M.D., PAUL HARRIS, M.D., HACKENSACK MEDICAL CENTER, DEFENDANTS-RESPONDENTS, AND SHAFIE ARIF, M.D., DEFENDANT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued October 28, 1991.
Decided December 19, 1991.
Attorney(s) appearing for the Case
William C. Bochet argued the cause for appellant (Muscarella, Bochet, La Hiff, Peck and Edwards, attorneys; William C. Bochet and Linda M. De Brango on the brief).
Judith A. Heim argued the cause for respondent John Hutchinson, M.D. (Carella, Byrne, Bain, Gilfillan, Cecchi & Stewart, attorneys; Judith A. Heim of counsel and on the brief).
Robert Wright argued the cause for respondent Paul Harris, M.D. (Melli & Wright, attorneys; Robert Wright of counsel and on the brief).
Lawrence H. Jacobs argued the cause for respondent Hackensack Medical Center (Hein, Smith, Berezin, Maloof, Spinella & Rogers, attorneys; Lawrence H. Jacobs of counsel; Carla H. Madnick on the brief).
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.
One of the pivotal issues raised in this medical malpractice case is whether the judge should have instructed the jury pursuant to Anderson v. Somberg,67 N.J. 291, 338 A.2d 1, cert. denied, 423 U.S. 929, 96 S.Ct. 279, 46 L.Ed.2d 258 (1975), that each defendant had the burden to exonerate himself from liability. The...
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