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HAWKSBY v. DEPIETRO

724 A.2d 881 (1999)

319 N.J. Super. 89

Donald HAWKSBY and Joanna Hawksby, his wife, Plaintiffs-Appellants, v. Joseph DEPIETRO, M.D., Defendant-Respondent, and Walter Urs, M.D., Matthew Garfinkel, M.D., William H. Ross, D.O., and Metuchen Orthopaedic Group, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1999.

Attorney(s) appearing for the Case

E. Drew Britcher, Morristown, for plaintiffs-appellants (Leonard & Butler, attorneys; Mr. Britcher, on the brief).

Michelle A. Monte, Sea Girt, for defendant-respondent Joseph DePietro (Monte, Sachs & Borowsky, attorneys, Thomas D. Monte, Jr., of counsel, Ms. Monte, on the brief).

Before Judges D'ANNUNZIO, CUFF and COLLESTER.

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

The issue is whether a production employee may sue a physician, who is a fellow employee, for the physician's alleged failure to diagnose a malignant tumor during treatment for a compensable injury.

Plaintiff, Donald Hawksby, was employed by the New York Times Company on December 13, 1993. On that date, while engaged in his duties in the New York Times pressroom...

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