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PHILLIPS v. COOPER OB/GYN ASSOCIATES

Civ. A. No. 90-3659.

811 F.Supp. 1018 (1992)

Calvin PHILLIPS, Jr., a minor by his parents and natural guardians, Cheryl Phillips and Calvin Phillips, and Cheryl Phillips and Calvin Phillips in their own right, Plaintiffs, v. COOPER OB/GYN ASSOCIATES, Dr. I.G. Ances, Dr. P. Enzo DiFlorio, and Dr. Brubaker, Defendants.

United States District Court, D. New Jersey.

December 30, 1992.

Attorney(s) appearing for the Case

Marc G. Brecher, Wapner, Newman & Associates, Philadelphia, PA, and Robert J. Kelley, Jr., Cherry Hill, NJ, for plaintiffs.

Carolyn J. Reinhard, Parker, McCay & Criscuolo, P.A., Marlton, NJ, for defendants.

BROTMAN, District Judge.

Presently before the court in this medical malpractice litigation is defendants' motion for partial summary judgment on the claim of negligent infliction of emotional distress. Upon consideration of the parties' submissions, and for the reasons set forth below, the court denies defendants' motion.

I. Background

On February 19, 1989, Cheryl Phillips gave birth to Calvin Phillips, Jr. ("Calvin Jr.") at the Cooper Hospital/University...

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