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RITONDO BY RITONDO v. PEKALA

275 N.J. Super. 109 (1994)

645 A.2d 802

ALEXANDER RITONDO, AN INFANT, BY HIS PARENTS AND GUARDIAN AD LITEM MARY ANN RITONDO AND VINCENT RITONDO, AND MARY ANN RITONDO AND VINCENT RITONDO INDIVIDUALLY AND IN THEIR OWN RIGHT, PLAINTIFFS-APPELLANTS, v. BERNARD A. PEKALA, M.D., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 26, 1994.

Attorney(s) appearing for the Case

Ian Stuart, argued the cause for appellant (Mr. Stuart, attorney, on the brief).

Robert E. Paarz, argued the cause for respondent (Paarz, Master & Koernig, attorneys; Mr. Paarz, on the brief).

Before Judges HAVEY, ARNOLD M. STEIN and ARIEL A. RODRIGUEZ.

ARIEL A. RODRIGUEZ, J.S.C. (temporarily assigned).

We affirm the judgment of involuntary dismissal at the end of the plaintiffs' case. We hold that the testimony of an expert witness on direct examination regarding the standard of care in a medical malpractice case is nullified when on cross-examination the witness clearly and unequivocally abandons it.

When Mary Ann Ritondo became pregnant with her third child, she came under the care of Bernard Pekala, M...

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