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AHN v. KIM

281 N.J. Super. 511 (1995)

658 A.2d 1286

KEJOO AHN, INDIVIDUALLY AND AS GUARDIAN OF HO AHN, AND AS EXECUTRIX OF THE ESTATE OF HO AHN, DECEASED, PLAINTIFF-APPELLANT, v. DR. CHUNG KIM AND STANLEY BIRCH, DEFENDANTS, AND THE CARRIER FOUNDATION, THE CARRIER CLINIC MEDICAL ASSOCIATION, DR. BOHDAN CEHELYK, FELICIA SCHILP, R.N., MARY MANUELLA, R.N., IRVIN KELLY, BARBARA HIGGINS, JOHN DOE AND JANE ROE (FICTITIOUS NAMES), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1995.

Attorney(s) appearing for the Case

Michael D. Schottland argued the cause for appellant (Schottland, Aaron & Manning, attorneys; Mr. Schottland, Vincent P. Manning and Bettina E. Munson, on the brief).

Richard E. Brennan argued the cause for respondent Cehelyk (Shanley & Fisher, attorneys; Mr. Brennan, on the brief).

Leonard Rosenstein argued the cause for respondents The Carrier Foundation, The Carrier Clinic Medical Association, Schilp, and Manuella, (Hurley & Vasios, attorneys; Mr. Rosenstein, on the brief).

Stephen O. Mortenson argued the cause for respondents Kelly, Higgins and Rand (Mortenson and Pomeroy, attorneys; Mr. Mortenson, on the brief).

Before Judges KING, MUIR, Jr. and EICHEN.

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

I

This is a malpractice case against a psychiatric hospital, The Carrier Clinic, and members of its staff arising from the disappearance of a newly-admitted patient to an open ward on March 22, 1988. The patient was never found and was judicially declared dead five years later. The malpractice trial resulted in a verdict for all defendants and the plaintiff...

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