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DARWIN v. GOOBERMAN

772 A.2d 399 (2001)

339 N.J. Super. 467

Jane DARWIN, Plaintiff-Appellant, v. Lance L. GOOBERMAN, M.D., and John Doe, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 2001.

Attorney(s) appearing for the Case

Dennis J. Cummins, Jr., Fair Lawn, attorney for appellant.

Stahl & DeLaurentis, attorneys for respondent (Sharon K. Galpern, Mount Laurel, on the brief).

Before Judges KING, LEFELT and AXELRAD.

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

I

This is a medical-malpractice case in an unusual context. The four-count complaint asserts several theories of liability: negligence and malpractice, lack of informed consent, assault and battery, breach of contract, and product liability. Plaintiff never served an affidavit of merit on defendant pursuant to N.J.S.A. 2A:53A-27. The Law Division judge dismissed plaintiff's complaint because...

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