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LINQUITO v. SIEGEL

850 A.2d 537 (2004)

370 N.J. Super. 21

Philomena LINQUITO, as Executrix of the Estate of Arthur Linquito and Philomena Linquito, Individually, Plaintiff-Appellant/Cross-Respondent, v. Andrew L. SIEGEL, M.D., Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 2004.

Attorney(s) appearing for the Case

Bruce H. Nagel, Livingston, argued the cause for appellant/ cross-respondent (Nagel Rice & Mazie, attorneys; Mr. Nagel, on the brief).

David P. Weeks argued the cause for respondent/ cross-appellant (Ruprecht, Hart & Weeks, attorneys; Lopa N. Patel, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and KIMMELMAN.

The opinion of the court was delivered by

STERN, P.J.A.D.

Following a trial of her case against defendant on negligence and informed consent claims, plaintiff, as executrix of her late husband's estate and individually, appeals from a molded judgment in the amount of $7,285, based on an assessment that 90% of decedent's "ultimate injuries or damages" were attributable to his pre-existing cancer. Defendant cross-appeals from the denial of his pretrial motion...

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