MITCHELL v. PROCINI


752 A.2d 349 (2000)

331 N.J. Super. 445

Anthony D. MITCHELL, Plaintiff-Appellant, v. CHARLES P. PROCINI, D.D.S., P.A. and Charles P. Procini, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 2000.


Attorney(s) appearing for the Case

Mark J. Molz, Hainesport, for plaintiff-appellant (Stephen Cristal, on the brief).

David M. Mayfield, Westmont, for defendants-respondents (Crawshaw, Mayfield, Turner, O'Mara, Donnelly & McBride, Cherry Hill, attorneys; Mr. Mayfield and Sharon M. Dostmann, on the brief).

Before Judges KING, CARCHMAN and LINTNER.


The opinion of the court was delivered by LINTNER, J.S.C. (temporarily assigned).

The central issue raised is whether the defense's inability to examine a plaintiff prior to the insertion of new dental implants constitutes substantial prejudice under R. 4:5-1 (b)(2), so as to preclude later joinder in a malpractice action where the complete medical records are available for review. We conclude that Dr. Procini's (defendant)1 ability...

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