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RISKO v. CIOCCA

812 A.2d 1138 (2003)

356 N.J. Super. 406

Wasel RISKO, Administrator of the Estate of Dolores Risko, and Administrator ad Prosequendum for Dolores Risko, deceased, and next of kin of Dolores Risko, individually and per quod, Plaintiff-Appellant, v. Rocco Gerard CIOCCA, M.D.; F. Weinberg, M.D.; Dr. Graham, M.D.; Dr. Crowley, M.D.; Dr. Neckman, M.D.; University of Medicine and Dentistry of the State Of New Jersey (Robert Wood Johnson University Hospital), Defendants-Respondents, and Dominick Boli, M.D., and Todd Stefan, M.D., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 2003.

Attorney(s) appearing for the Case

Richard W. Swarbrick argued the cause for appellant.

Jay Scott MacNeill, Roseland, argued the cause for respondents Rocco Gerard Ciocca, M.D., Alan Graham, M.D., J. Gerard Crowley, M.D., and Gary B. Neckman, M.D. and the University of Medicine and Dentistry of the State of New Jersey (Post, Polak, Goodsell, MacNeil & Strauchler, attorneys; Mr. MacNeil, of counsel; Joseph S. Ugarte, on the brief).

Jeremy P. Cooley, Lawrenceville, argued the cause for respondent Frederick Weinberg, M.D. (Lenox, Socey, Wilgus, Formidoni, Brown, Giordano & Casey, attorneys; Mr. Cooley, of counsel; Jennifer E. Troast, on the brief).

Before Judges STERN, COBURN and ALLEY.

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

Plaintiff appeals from a judgment resulting from orders of May 25, 2001 and June 22, 2001 dismissing the complaint against defendants for failure to file an affidavit of merit and an order of August 3, 2002 denying reconsideration. Plaintiff argues that the orders must be "vacated" because the principle of res ipsa loqui and the "common knowledge" doctrine excuse the need for an affidavit, and because...

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