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KHAN v. SINGH

A-73 September Term 2008

975 A.2d 389 (2009)

200 N.J. 82

Mohammed KHAN and Tasmih Khan, his Wife, Plaintiffs-Appellants, v. Sunil K. SINGH, M.D.; Minimally Invasive Surgery Center; Interventional Neurology, Headache & Pain Relief Center, Defendants-Respondents, and Trimedyne, Inc., Defendant.

Supreme Court of New Jersey.

Decided July 9, 2009.

Attorney(s) appearing for the Case

Kenneth G. Andres, Jr., Haddonfield, argued the cause for appellants (Andres & Berger, attorneys; Mr. Andres and Tommie Ann Gibney, on the brief).

Thomas B. Reynolds, Absecon, argued the cause for respondents (Reynolds & Drake, attorneys; Mr. Reynolds, John J. Bannan, and Maria Saveria Bilotti, on the briefs).

Abbott S. Brown and William L. Gold, West Orange, submitted a brief on behalf of amicus curiae New Jersey Association for Justice (Bendit Weinstock, attorneys).

Justice HOENS delivered the opinion of the Court.

This matter, which is before the Court as of right based on the dissent filed in the Appellate Division, see N.J. Const. art. VI, ¶ 1(b); R. 2:2-1(a)(2), presents the Court with the opportunity to consider the contours of the doctrine of res ipsa loquitur. More specifically, it presents this Court with two questions about the appropriate application of that doctrine in the context of medical...

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