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WAJNER v. NEWARK BETH ISRAEL MED. CTR.

298 N.J. Super. 116 (1997)

SAMUEL WAJNER, AS ADMINISTRATOR OF THE ESTATE OF GIERSZ WAJNER, PLAINTIFF-APPELLANT, v. NEWARK BETH ISRAEL MEDICAL CENTER, DARRYL HUNTER AND GENEVA BEATTY, DEFENDANTS, AND DR. VERGILIO, DR. K.C. MODI AND DR. AVA PANNULLO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 29, 1997.

Attorney(s) appearing for the Case

Robert R. Cary argued the cause for appellant (Bross, Strickland, Cary, Shapiro, Grossman and Icaza, P.A., attorneys; Mr. Cary, on the brief).

JoAnn Pietro argued the cause for respondents Cory Vergilio, M.D. and Kaushik C. Modi, M.D. (Ruprecht & Hart, attorneys; Ms. Pietro, of counsel; Adele C. Baker, on the brief).

Joseph P. Scardaville argued the cause for respondent Ava Pannullo, M.D. (Reiseman & Sharp, attorneys; Mr. Scardaville, of counsel and on the brief).

Before Judges HAVEY, BROCHIN and KESTIN.

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

This is a medical malpractice action instituted by plaintiff against defendant Drs. Ava Pannullo, Cory Vergilio and Kaushik C. Modi. Defendants were house-staff residents who attended Darryl Butler, a patient at the Beth Israel Medical Center. During decedent's hospitalization, Butler assaulted plaintiff's decedent, with whom he shared a room.1 In his complaint, plaintiff alleges...

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