MACIAG v. STRATO MEDICAL CORP.


274 N.J. Super. 447 (1994)

644 A.2d 647

STEPHEN MACIAG, EXECUTOR OF THE ESTATE OF CHARLOTTE MACIAG AND STEPHEN MACIAG, INDIVIDUALLY, PLAINTIFF-APPELLANT, v. STRATO MEDICAL CORP. AND DOW CORNING CORP., DEFENDANTS-RESPONDENTS, AND RICHARD ROE CORP., A FICTITIOUS NAME; GODFREY C. PINDER, M.D., ST. CLARE'S/RIVERSIDE MEDICAL CENTER, JANE DOE, A FICTITIOUS NAME, BARRY A. REITER, M.D., STEPHEN M. SCHREIBMAN, M.D., STEVAN ADLER, M.D., A PROFESSIONAL ASSOCIATION, AND BARRY A. REITER, M.D., STEPHEN M. SCHREIBMAN, M.D. AND STEVAN ADLER, M.D., INDIVIDUALLY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 1994.


Attorney(s) appearing for the Case

Arthur L. Raynes argued the cause for appellant (Wiley, Malehorn & Sirota, attorneys; Mr. Raynes, of counsel and on the brief, William J. Kemple, Jr., on the brief).

Kenneth R. Meyer argued the cause for respondent Strato Medical Corp. (Porzio, Bromberg & Newman, attorneys; Lauren E. Handler, of counsel and on the brief, Morna L. Sweeney and Vanessa M. Kelly, on the brief).

Richard J. Shackleton argued the cause for respondent Dow Corning Corporation (Shackleton, Hazeltine & Bishop, attorneys; Mr. Shackleton, on the brief).

Before Judges DREIER, BROCHIN and KLEINER.


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

Plaintiff appeals from a partial summary judgment dismissing his product liability claims against Strato Medical Corp. and Dow Corning Corp., two of the several defendants in this case. He also appeals from the denial of his motions for reconsideration. Plaintiff's late wife, Charlotte Maciag, sustained injuries after a subclavian venous access catheter fragmented inside her.1

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