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KIMMEL v. DAYRIT

301 N.J. Super. 334 (1997)

SYLVIA KIMMEL, EXECUTRIX OF THE ESTATE OF ELIAS M. KIMMEL, O.D., F.A.A.O., DECEASED, PLAINTIFF/APPELLANT, v. PEDRO DAYRIT, M.D., JOHN DOE, M.D. # 1-6, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1997.

Attorney(s) appearing for the Case

Daniel A. Zehner argued the cause for appellant.

Marie J. McCormack argued the cause for respondent (Dughi and Hewit, attorneys; Christopher J. Christie and Gary L. Riveles on the brief).

Before STERN, HUMPHREYS and WECKER, JJ.

The opinion of the court was delivered by WECKER, J.S.C. (temporarily assigned).

Plaintiff Sylvia Kimmel, as executrix of the estate of her late husband, Elias M. Kimmel, appeals from a judgment dismissing her wrongful death and survival action and denying a new trial after a jury found no negligence in this medical malpractice action. Plaintiff's arguments, both on the new trial motion and on appeal, though somewhat inartfully presented, rely on the contention that...

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