1. Home
  2. Browse Decisions
  3. A.2d
  4. 779 A.2d
  5. 779 A.2d 1078 (2001)
 

FERTILE v. ST. MICHAEL'S MED. CENTER

779 A.2d 1078 (2001)

169 N.J. 481

Danialie FERTILE, an infant, by her Guardian Ad Litem, Marlene FERTILE, Marlene Fertile, individually, and Ernst Fertile, Plaintiffs-Appellants, v. ST. MICHAEL'S MEDICAL CENTER and Dr. Angela Buontempo, Defendants-Respondents, Dr. Michael Dobransky, Charles Ozoaru, M.D., John Doe, M.D. A-Z (said names being fictitious and unknown) and Jane Roe, R.N. A-Z (said names being fictitious and unknown), Defendants.

Supreme Court of New Jersey.

Decided July 25, 2001.

Attorney(s) appearing for the Case

Cynthia A. Matheke, Roseland, argued the cause for appellants (Lum, Danzis, Drasco, Positan & Kleinberg, attorneys; Ms. Matheke and Dennis J. Drasco, of counsel; Kevin J. O'Connor, on the brief).

George J. Kenny, Roseland, argued the cause for respondents (Connell Foley, attorneys).

The opinion of the court was delivered by LONG, J.

The core issues presented on this appeal are rather straightforward: in the face of a concededly excessive damages award, when is the remedy of a new damages trial conditioned on plaintiffs' acceptance of a remittitur order appropriate; when is a new trial on all issues mandated; and by what standard is the amount of a remittitur order to be assessed?

I

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases