1. Home
  2. Browse Decisions
  3. N.J.
  4. 313 N.J.
  5. 313 N.J. Super. 311 (1998)
 

PROSKE v. ST. BARNABAS MED. CTR.

313 N.J. Super. 311 (1998)

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 argued the cause for appellants (Mr. Rhatican, on the brief).

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

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

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

Karl P. Kemm argued the cause for 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 argued the cause for 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,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases