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ALLEN v. KRAUSE

306 N.J. Super. 448 (1997)

RICHARD ALLEN AND BARBARA ALLEN, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. TYRONE J. KRAUSE, M.D., AND ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL, DEFENDANTS-APPELLANTS. CHRISTINE SMITH AND JAMES SMITH, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. ALBERT FRANKEL, M.D., LOUIS D'AMELIO, M.D., AND THE UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 1997.

Attorney(s) appearing for the Case

Matthew S. Schorr argued the cause for appellants (McDonough, Korn, Eichhorn & Boyle, attorneys; Mr. Schorr, of counsel and on the brief).

Kenneth A. Berkowitz argued the cause for respondents (Blume, Goldfaden, Berkowitz, Donnelly, Fried & Forte, attorneys; Linda G. O'Connell, on the brief).

Before Judges LONG, STERN and KIMMELMAN.

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

These appeals were separately docketed, briefed, and argued. Although the factual patterns of the appeals differ somewhat, the appeals parallel each other with respect to the applicable legal principles. We have therefore elected to consolidate the cases for the purpose of decision. Both appeals involve the same legal questions: Whether defendant physicians...

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