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STIGLIANO EX REL. STIGLIANO v. CONNAUGHT LABORATORIES

270 N.J. Super. 373 (1994)

637 A.2d 223

JESSICA STIGLIANO, AN INFANT, BY FRANK STIGLIANO, HER FATHER, AND MARIA STIGLIANO, HER MOTHER, HER PARENTS AND NATURAL GUARDIANS; AND FRANK STIGLIANO AND MARIA STIGLIANO, INDIVIDUALLY; AND AS THE PARENTS AND NATURAL GUARDIANS OF THE INFANT, JESSICA STIGLIANO, PLAINTIFFS-RESPONDENTS, v. CONNAUGHT LABORATORIES, INC., A FOREIGN CORPORATION AND NIHAL S. NAGAHAWATTE, M.D., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 1994.

Attorney(s) appearing for the Case

Stephen O. Mortenson argued the cause for appellant Nihal S. Nagahawatte (Mortenson and Pomeroy).

Keith G. Von Glahn argued the cause for appellant Connaught Laboratories, Inc. (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Sally H. Atkins, on the brief).

E. Drew Britcher argued the cause for respondents (Stern, Steiger, Croland, Tanenbaum & Schielke, attorneys; Mr. Britcher and Armand Leone, Jr., on the brief).

Before Judges GAULKIN, R.S. COHEN and D'ANNUNZIO.

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

In this medical malpractice and product liability action, defendants appeal by leave granted (R. 2:2-4) from a pretrial order foreclosing them from presenting testimony at trial of plaintiff Jessica Stigliano's treating physicians "concerning the cause of [her] seizure condition." We reverse.

Plaintiffs' several causes of action are bottomed on the contention that Jessica suffers from a seizure...

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