TYNDALL v. ZABOSKI


306 N.J. Super. 423 (1997)

KIM TYNDALL AND TERRY TYNDALL, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. DR. ZABOSKI, DR. LEDON, AND ST. ELIZABETH HOSPITAL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1997.


Attorney(s) appearing for the Case

Pamela Johnson argued the cause for appellants (Drazin & Warshaw, attorneys; Paula Sawyer, on the brief).

Peter A. Olsen argued the cause for respondents (Francis & Berry, attorneys; Hugh P. Francis, of counsel and Mr. Olsen, on the brief).

Before Judges DREIER and WECKER.


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

Plaintiffs Kim Tyndall and Terry Tyndall appeal from a summary judgment dismissing their complaint against defendant, Dr. R.F. Ledon1, a physician who performed a procedure known as endoscopic retrograde cholangio-pancreatography (ERCP) on Kim Tyndall. After undergoing the ERCP, she developed pancreatitis. Kim Tyndall testified at depositions that although she signed a consent form...

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