HALL EX REL. HALL v. RODRICKS


774 A.2d 551 (2001)

340 N.J. Super. 264

Woodrow HALL, by and through his guardian ad litem Sandra HALL, Sandra Hall, individually and as guardian ad litem of Carly Hall, Woodrow Hall Jr., and Ryan Hall, minors, Plaintiffs-Respondents/Cross-Appellants, v. Baltazar RODRICKS, M.D., Defendant-Appellant/Cross-Respondent, and John Marstella, C.R.N.A., and Burdette Tomlin Memorial Hospital, Defendants, and Robert Salasin, M.D., Defendant-Respondent. Woodrow Hall, by and through his guardian ad litem Sandra Hall, Sandra Hall, individually and as guardian ad litem of Carly Hall, Woodrow Hall, Jr., and Ryan Hall, minors, Plaintiffs-Respondents/Cross-Appellants, v. Baltazar Rodricks, M.D., Defendant, and John Marstella, C.R.N.A., and Burdette Tomlin Memorial Hospital, Defendants/Third-Party Plaintiffs/Appellants/Cross-Respondents, and Robert Salasin, M.D., Defendant-Respondent, and Thomas Scott, Alan Grip, Arthur Lefkoe, and Mary Fay, Defendants/Third-Party Plaintiffs, v. Michael S. Berger and The Law Offices of Michael S. Berger, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided April 30, 2001.


Attorney(s) appearing for the Case

A. Michael Barker, Linwood, argued the cause for defendant-appellant/cross-respondent Baltazar Rodricks, M.D. in A-440-99T1.

Michael S. Berger, Haddonfield, argued the cause for Woodrow Hall, et al plaintiffs-respondents /cross-appellants in A-440-99T1 and A-444-99T1 (Andres & Berger, attorneys, Mr. Berger, of counsel; Kevin Haverty and Laura M. LeWinn, on the brief).

Donald Grasso, Toms River, argued the cause for defendant-appellant/cross-respondent Robert Salasin, M.D. in A-440-99T1 and A-444-99T1 (Orlovsky, Grasso, Bolger, Mensching & Halpin, attorneys, Mr. Grasso, of counsel; Colleen L. Brandt, on the brief).

Timothy M. Crammer, Pleasantville, argued the cause for defendants/third-party plaintiffs/appellants/cross respondents John Marstella, C.R.N.A., and Burdette Tomlin Memorial Hospital in A-444-99T1 (Paarz, Master, Koerning, Crammer, O'Brien, Bishop & Horn, attorneys; Mr. Crammer, on the brief).

Before Judges PETRELLA, NEWMAN and WELLS.


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

During surgery at defendant Burdette Tomlin Medical Center ("Burdette Tomlin"), plaintiff Woodrow Hall suffered a cardiac arrest and as a result remains in a persistent vegetative state. Plaintiffs1 presented two theories of liability at trial: one, that defendants Baltazar Rodricks, an anesthesiologist, and John Marstella, a certified registered nurse anesthetist, failed to properly...

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