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GALIK v. CLARA MAASS MED. CENTER

771 A.2d 1141 (2001)

167 N.J. 341

Simone GALIK, Executrix of the Estate of Vivian Galik, her mother, deceased and Simone Galik, Individually, Plaintiff-Appellant, v. CLARA MAASS MEDICAL CENTER a hospital corporation, its servants, agents, or employees, Joseph M. Fusco, M.D., Richard Roe, Jane Doe and Mary Roe, (fictitious names intending to designate physicians and/or nurses involved in the care, management, diagnosis, and treatment) and each of them jointly, severally or in the alternative, Defendants, and Matthew DeLuca, M.D., Keshavmurthy Shivashankar, M.D., Robert Acosta, M.D., David Greifinger, M.D. and Edwin Gangemi, M.D., Defendants-Respondents.

Supreme Court of New Jersey.

Decided May 10, 2001.

Attorney(s) appearing for the Case

Terry L. Shapiro, Newark, argued the cause for appellant (Mandel Berezin Shapiro & Sawyer, attorneys).

Edward J. Dauber, Newark, argued the cause for respondents Matthew DeLuca, M.D., Keshavmurthy Shivashankar, M.D., Robert Acosta, M.D. and David Greifinger, M.D. (Greenberg, Dauber, Epstein & Tucker, attorneys; Michael J. Lunga, David P. Weeks and James R. Korn, of counsel; Karen M. Lerner, Susan A. Dragone, Michael R. Ricciardulli and Julia A. Klubenspies, on the briefs).

Kenneth M. Brown, Murray Hill, argued the cause for respondent Edwin Gangemi, M.D. (Reiseman Sharp Kelsey & Brown, attorneys; Jane S. Kelsey, of counsel; Everett E. Gale, III, on the brief).

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

We are called upon once more to evaluate the sufficiency of a plaintiff's conduct in attempting to satisfy the Affidavit of Merit statute. N.J.S.A. 2A:53A-27.

I

On December 26, 1995, eighty-year-old Vivian Galik slipped and fell in her kitchen, striking the back of her head and her neck on a radiator. She was taken to the Emergency Department...

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