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FAIR OAKS HOSP. v. POCRASS

Civ. A. No. UNN-L-6061-90.

266 N.J. Super. 140 (1993)

628 A.2d 829

FAIR OAKS HOSPITAL, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. SUSAN L. POCRASS AND MICHAEL POCRASS, DEFENDANTS. SUSAN L. POCRASS, DEFENDANT, THIRD-PARTY PLAINTIFF, v. FAIR OAKS HOSPITAL, A CORPORATION OF THE STATE OF NEW JERSEY, MUKEJM D. PATEL, M.D.; CHARLES CIOLINO, M.D.; ROBERT MOREINES, M.D.; JANE DOE, A FICTITIOUS NAME, JOHN DOE, A FICTITIOUS NAME, AND ROBERT ROE, A FICTITIOUS NAME; THIRD PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

May 3, 1993.

Attorney(s) appearing for the Case

Joseph K. Cooney, for plaintiff/third party defendant Fair Oaks Hospital (Widman & Cooney, attorneys; Arthur M. Pavluk, III, on the brief).

Thomas F. Chansky, for third party defendants Mukejm D. Patel, M.D. and Charles Ciolino, M.D. (Lynch, Martin, Philibosian, Chansky, Fitzgerald, & Kane, attorneys; Jessica E. Chopor on the brief).

Michael L. Lazarus, for third party defendant, Robert Moreines, M.D., (Donington, Karcher, Leroe, Salmond, Luongo & Ronan, attorneys).

David B. Rubin, for defendant/third-party plaintiff Susan L. Pocrass (Rubin, Rubin, Malgran, Kaplan & Kuhn, attorneys; Mr. Rubin and Lee Emmer on the brief).

MENZA, J.S.C.

The defendant/third party plaintiff, Susan Pocrass, moves in limine for a ruling that the third party defendant Dr. Charles Ciolino is liable to her for false imprisonment and negligence.

This case involves claims for false imprisonment and medical malpractice arising from an alleged violation of New Jersey's civil commitment statute, N.J.S.A. 30:4-27.1 to 27.23.

In the fall of 1989, Michael Pocrass consulted with an attorney...

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