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PROSKE v. ST. BARNABAS MED. CTR.

712 A.2d 1207 (1998)

313 N.J. Super. 311

Edith PROSKE and Allan Proske, Plaintiffs-Appellants, v. ST. BARNABAS MEDICAL CENTER, H. Stephen Fletcher, M.D., Lester Kalisher, M.D., Garden State Business Forms, Inc., Route 80 Archives, and Allstate Business Archives, Defendants-Respondents, and Imaging Consultants of Essex, P.A., Chilton Memorial Hospital, Mobile Service Unit, General & Vascular Surgical Group, P.A., John Kindzierski, M.D., and Albert De Dios, M.D., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1998.

Attorney(s) appearing for the Case

Peter E. Rhatican, Mendham, for plaintiffs-appellants (Mr. Rhatican, on the brief).

Paul J. Endler, Westfield, for defendant-respondent St. Barnabas Medical Center (Garrubbo and Romankow, attorneys; Mr. Endler, of counsel; Judith A. Millman, on the brief).

Mary Elizabeth Gazi, Cranford, for defendant-respondent Lester Kalisher, M.D. (Thomas B. Leyhane, attorney; Ms. Gazi, on the brief).

Gary L. Riveles for defendant-respondent H. Stephen Fletcher, M.D. (Dughi and Hewit, attorneys; Mr. Riveles and Jeffrey S. Chiesa, Cranford, on the brief).

Karl P. Kemm, North Brunswick, for defendant-respondent Garden State Business Forms, Inc. (Lynch, Martin, Philibosian, Chansky, Fitzgerald and Kane, attorneys; James D. Martin, of counsel; Mr. Kemm, on the brief).

Brian Peoples for defendants-respondents Route 80 Archives and Allstate Business Archives (Leary, Bride, Tinker and Moran, attorneys; Frank J. Kontely, III, on the brief).

Before Judges D'ANNUNZIO, A.A. RODRIGUEZ and COBURN.

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

Plaintiffs filed this action based on allegations of medical malpractice and negligent spoliation of evidence. The trial court granted defendants' motions for summary judgment. Plaintiffs appeal is limited to their claim of negligent spoliation of evidence.1 We affirm.

The material facts, viewed most favorably for plaintiffs, indicate the following. On February 14, 1992,...

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