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PETROLIA v. ESTATE OF NOVA

284 N.J. Super. 585 (1995)

666 A.2d 163

ROBERT PETROLIA, PLAINTIFF-APPELLANT, v. ESTATE OF DR. HARVEY NOVA, DEFENDANT-RESPONDENT, AND ALFRED A. STEINBERGER, M.D., ENGLEWOOD HOSPITAL ASSOCIATION, AND "JOHN DOE," DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 1995.

Attorney(s) appearing for the Case

James F. Carney argued the cause for appellant (Robert A. Vort, attorney; Mr. Carney, of counsel; Mr. Vort, on the brief).

George J. Kenny argued the cause for respondent (Connell, Foley & Geiser, attorneys; Mr. Kenny, of counsel; Thomas A. Sparno, on the brief).

Before Judges BAIME, VILLANUEVA and KIMMELMAN.

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

In this medical malpractice/informed consent case, a jury of five persons returned a unanimous verdict for defendant. Plaintiff appeals from the trial court's denial of his motions for: (1) a mistrial when the jury was reduced to five; (2) a directed verdict in his favor on the informed consent issue; (3) a judgment notwithstanding the verdict; and (4) a new trial. We reverse and remand for a new trial on...

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