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OLDS v. DONNELLY

291 N.J. Super. 222 (1996)

677 A.2d 238

ROBERT OLDS, PLAINTIFF-APPELLANT, v. DENNIS DONNELLY, DEFENDANT-THIRD PARTY PLAINTIFF-RESPONDENT-CROSS-APPELLANT, v. JOE MARAN, THIRD PARTY DEFENDANT-CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 11, 1996.

Attorney(s) appearing for the Case

Joe Maran argued the cause for appellant (Maran & Maran, attorneys; Joe Maran, on the brief).

Christopher J. Carey argued the cause for respondent Dennis Donnelly (Tompkins, McGuire & Wachenfeld, attorneys; Mr. Carey, of counsel; Mr. Carey and John P. O'Toole, on the brief).

Diane M. Acciavatti argued the cause for cross-respondent, Joe Maran, (Voorhees & Acciavatti, attorneys; Ms. Acciavatti, of counsel and on the brief).

Before Judges PRESSLER, WEFING and A.A. RODRIGUEZ.

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

Plaintiff sued defendant for legal malpractice. The case was tried to a jury, which returned a verdict of $500,000 in plaintiff's favor. The trial court subsequently entered a judgment in favor of defendant notwithstanding that verdict. Plaintiff appeals and we reverse.

On June 27, 1985, Robert Olds underwent hernia repair surgery at the hands of Floyd J. Donahue, M.D., at Elizabeth General Hospital...

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