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HENDERSON v. HERMAN

862 A.2d 1217 (2004)

373 N.J. Super. 625

Jennifer L. HENDERSON, general administratrix and ad prosequendum of the Estate of John Tyler Henderson, deceased, and John C. Henderson, individually, Plaintiffs-Appellants, v. Jeffrey HERMAN, M.D.; Robert S. Salston, M.D.; Old Bridge-Sayreville Medical Group PA; Smith, Nielson; Township of Old Bridge; Township of Old Bridge Police Department; April Tamula; Bill Lamarosa; Rob Ragazzo Rural Metro Ambulance Service; Medreq2; Robert Wood Johnson University Hospital/St. Peter's Medical Center, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 2004.

Attorney(s) appearing for the Case

Tommie Ann Gibney, Haddonfield, argued the cause for appellants (Andres & Berger, attorneys; Ms. Gibney, of counsel and on the brief).

Susan K. O'Connor, New Brunswick, argued the cause for respondent Harold Smith (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; Ms. O'Connor, of counsel and on the brief).

Allen J. Baratz argued the cause for respondent Jeanette Nielson (Weiner Lesniak, attorneys; Mr. Baratz, of counsel and on the letter relying on the brief filed on behalf of respondent Harold Smith).

Lori A. Dvorak, North Brunswick, argued the cause for respondent Township of Old Bridge and Old Bridge Police Department (Lynch Martin, attorneys; Ms. Dvorak, of counsel and on the brief).

Before Judges KING, R.B. COLEMAN and HOLSTON.

The opinion of this court was delivered by

COLEMAN, R.B., J.A.D.

Plaintiffs, the Estate of a deceased child John Tyler Henderson (J.H.) and J.H.'s parents, Jennifer and John Henderson, individually, appeal from three separate orders entered on July 23, 2004, granting partial summary judgment under the notice provisions of the New Jersey Tort Claims Act (the Act), N.J.S.A. 59:1-1 to 59:12-3. More particularly, two of the orders bar plaintiffs' claims...

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