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KELLY v. BERLIN

300 N.J. Super. 256 (1997)

ROBERT KELLY, PLAINTIFF-APPELLANT, v. BURGESS LEE BERLIN, M.D. AND STEPHEN TODER, M.D., DEFENDANTS-RESPONDENTS, AND HOSPITAL CENTER AT ORANGE, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1997.

Attorney(s) appearing for the Case

Laurence H. Olive argued the cause for appellant Robert Kelly.

David P. Weeks argued the cause for respondent Burgess Lee Berlin, M.D. (Ruprecht & Hart, attorneys; Mr. Weeks, of counsel; Michael R. Ricciardulli, on the brief).

Robert J. Mormile argued the cause for respondent Stephen Toder, M.D. (Mortenson and Pomeroy, attorneys; Scott A. Parsons, of counsel; Mr. Mormile, on the brief).

Before MICHELS, MUIR, Jr., and KLEINER, JJ.

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

Plaintiff Robert Kelly appeals from the Law Division's involuntary dismissal of his medical malpractice action against defendants Burgess Lee Berlin, M.D. (Dr. Berlin) and Stephen Toder, M.D. (Dr. Toder).

The record shows that plaintiff was injured in an automobile accident on January 26, 1990. Plaintiff subsequently instituted a negligence action against the driver of the automobile with which he...

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