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FROST v. BRENNER

300 N.J. Super. 394 (1997)

WILLIAM FROST AND BARBARA FROST, HIS WIFE, PLAINTIFFS-APPELLANTS, v. DR. STEPHEN BRENNER AND ESTATE OF JOHN HUBBARD, DEFENDANTS-RESPONDENTS, AND DR. EUGENE GORMAN AND PASCACK VALLEY HOSPITAL, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 1997.

Attorney(s) appearing for the Case

Richard Seltzer argued the cause for appellants (Mr. Seltzer and Frederick L. Woeckener, on the brief).

George J. Kenny argued the cause for respondent Dr. Stephen Brenner (Connell, Foley & Geiser, attorneys; Mr. Kenny, of counsel and on the brief).

William S. Mezzomo argued the cause for respondent Estate of Dr. John Hubbard (McDonough, Korn, Eichhorn & Boyle, attorneys; James R. Korn, of counsel; Mr. Mezzomo, on the brief).

Before Judges DREIER, D'ANNUNZIO and NEWMAN.

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

Plaintiffs appeal from an adverse judgment in this medical malpractice case. The case was tried against Dr. Stephen Brenner and the Estate of the late Dr. John Hubbard. Plaintiffs presented two claims: deviation and informed consent. At the conclusion of plaintiffs' case, the court dismissed the informed consent claim on the ground that plaintiffs' proofs had failed to quantify the relevant risks and, therefore...

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