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TRAMUTOLA v. BORTONE

118 N.J. Super. 503 (1972)

288 A.2d 863

JOSEPHINE TRAMUTOLA AND FRED N. TRAMUTOLA, HER HUSBAND, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. FRANK BORTONE, M.D., DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND HAZEL OLGA ELWOOD AND JEROME J. ROSE, CO-EXECUTORS OF THE ESTATE OF BENJAMIN ELWOOD, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND THE BERTHOLD S. POLLAK HOSPITAL FOR CHEST DISEASES, DEFENDANT-RESPONDENT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 1972.

Attorney(s) appearing for the Case

Mr. Daniel K. Van Dorn argued the cause for defendant-appellant and cross-respondent Bortone (Messrs. Gleeson, Hansen & Pantages, attorneys).

Mr. Joseph T. Ryan argued the cause for defendant-appellants and cross-respondents, the executors of the estate of Benjamin Elwood (Mr. William J. Cleary on the brief; Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys).

Mr. Morris Brown argued the cause for plaintiffs-respondents and cross-appellants Tramutola (Mr. Gene O'Donnell on the brief; Messrs. Wilentz, Goldman & Spitzer, attorneys).

No brief was filed on behalf of defendant-respondent The Berthold Hospital for Chest Diseases.

Before Judges GOLDMANN, COLLESTER and MINTZ.

The opinion of the court was delivered by COLLESTER, J.A.D.

This case involves appeals and a cross-appeal from a judgment entered in favor of plaintiffs in a medical malpractice action.

On May 25, 1966 Josephine Tramutola brought an action to recover damages for personal injuries against Dr. Frank Bortone, Hazel Olga Elwood and Jerome J. Rose, co-executors of the estate of Dr. Benjamin Elwood, deceased (hereafter Elwood), and The Berthold S. Pollak Hospital...

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