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BENNETT v. SURGIDEV CORP.

311 N.J. Super. 567 (1998)

SYLVIA BENNETT, PLAINTIFF-APPELLANT, v. SURGIDEV CORPORATION, THEODORE F. PEARLMAN, M.D., AND ST. CLARE'S/RIVERSIDE HOSPITAL, DEFENDANTS-RESPONDENTS, AND LARRY G. LEISKE, M.D. XYZ COMPANIES # 1 THROUGH # 5, JOHN DOES # 1 THROUGH # 5, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 1998.

Attorney(s) appearing for the Case

Richard Galex argued the cause for appellant (Galex, Tortoreti and Tomes, attorneys; Mr. Galex, on the brief).

Jeremy P. Cooley argued the cause for respondent Theodore F. Pearlman, M.D. (Lenox, Socey, Wilgus, Formidoni & Casey, attorneys; Mr. Cooley and Nancy C. Fletcher, on the brief).

Sachs, Maitlin, Fleming, Greene & Wilson, attorneys for respondent St. Clare's/Riverside Medical Center, join in the brief of respondent Theodore F. Pearlman.

Before Judges LONG, KLEINER and KIMMELMAN.

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

Plaintiff, Sylvia Bennett, appeals from the grant of summary judgment to defendants, Theodore Pearlman, M.D. and St. Clare's Riverside Hospital,1 on plaintiff's complaint alleging that on September 22, 1982, plaintiff "submitted herself to the medical care and attention of [defendant] for the purpose of cataract removal and intraocular lens implant" and that "defendant was careless...

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