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PRINCETON INS. CO. v. VERGANO

C.A. No. 266-N, 2004.

883 A.2d 44 (2005)

PRINCETON INSURANCE COMPANY, a New Jersey corporation, an insurer for Norman R. Robinson, M.D., Norman R. Robinson, M.D., P.A., and Christiana Audiology Associates, Inc., Plaintiffs, v. Susan and John VERGANO, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: October 11, 2005.

Attorney(s) appearing for the Case

Mason E. Turner, Jr., Prickett, Jones & Elliott, P.A., Wilmington, DE, for Plaintiffs.

Stephen B. Potter, Jennifer Kate Aaronson, Potter, Carmine & Aaronson, P.A., Wilmington, DE, for Defendants Susan and John Vergano.

OPINION

STRINE, Vice Chancellor.

Defendant Susan Vergano was operated on by plaintiff Dr. Norman R. Robinson, who recommended a lymph node resection surgery. During that surgery, Dr. Robinson severed Vergano's right spinal accessory nerve. Vergano later brought suit against Dr. Robinson and others in the Superior Court, alleging that she was unable to work and was enduring pain and suffering as a result of malpractice by Dr. Robinson (the "Malpractice Case...

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