GONZALEZ v. SILVER

DOCKET NO. A-2264-07T1.

972 A.2d 436 (2009)

407 N.J. Super. 576

Anthony GONZALEZ, Jr., Plaintiff-Appellant, v. Seth SILVER, M.D. and South Jersey Center for Orthopedics and Sports Medicine, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 2009.


Attorney(s) appearing for the Case

Jeffrey M. Keiser, Haddonfield, argued the cause for appellant.

Timothy P. O'Brien, argued the cause for respondents Seth Silver and South Jersey Center for Orthopedics and Sports Medicine (Crammer Bishop Marczyk & O'Brien, P.C., attorneys; Mr. O'Brien, of counsel; Mary Ann C. O'Brien, on the brief).

Abbott S. Brown, West Orange, argued the cause for amicus curiae Association of Trial Lawyers of America, New Jersey (Bendit Weinstock, P.A., attorneys, West Orange; Alan Y. Medvin, Newark and Mr. Brown, on the brief).

Before Judges PARRILLO, LIHOTZ and MESSANO.


The opinion of the court was delivered by

PARRILLO, J.A.D.

In this medical malpractice action, plaintiff Anthony Gonzales, Jr., appeals from a judgment of no cause of action following a jury verdict in favor of defendants Seth Silver, M.D. (defendant) and South Jersey Center for Orthopedics & Sports Medicine, and from the denial of his motion for a new trial. For the following reasons, we reverse.

On April 16, 2003, plaintiff injured his left arm...

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