DUNN v. PRAISS


256 N.J. Super. 180 (1992)

606 A.2d 862

LINDA B. DUNN, INDIVIDUALLY, AND THE ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF CAREY DUNN, PLAINTIFF-APPELLANT, CROSS-RESPONDENT, v. DONALD E. PRAISS, M.D., JOEL E. MARMAR, M.D., SOUTH JERSEY UROLOGIC ASSOCIATES, MARTHA BRUMBAUGH, M.D., HEALTH CARE PLAN OF NEW JERSEY, DEFENDANTS-RESPONDENTS, CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1992.


Attorney(s) appearing for the Case

Joseph Di Rienzo argued the cause for appellant (Di Rienzo, Wallerstein & Fellman, attorneys; Joseph Di Rienzo, Andrew Siegeltuch and Susan B. Fellman, on the brief).

Mary Louise Ambrose argued the cause for respondent Dr. Praiss (Dughi & Hewit, attorneys; Thomas B. Leyhane and Charles B. Austermuhl, on the brief).

Stephen M. Greenberg argued the cause for respondents Dr. Marmar and South Jersey Urologic Associates (Stern & Greenberg attorneys; Herbert J. Stern, on the brief).

Eli L. Eytan argued the cause for respondents Dr. Brumbaugh and Health Care Plan of New Jersey (Grossman & Kruttschnitt, attorneys; Eli L. Eytan, on the brief).

Before Judges DREIER, GRUCCIO and BROCHIN.


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

Plaintiff has appealed from certain trial rulings, and defendants have cross-appealed from the judgment entered in this medical malpractice action. Notwithstanding plaintiff having filed the initial appeal, and since it is our ruling on the cross-appeal that will govern the issues that need to be decided in plaintiff's appeal, we will first consider defendant...

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