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McINTOSH v. MILANO

168 N.J. Super. 466 (1979)

403 A.2d 500

PEGGY McINTOSH, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF KIMBERLY A. McINTOSH, DECEASED, PLAINTIFF, v. MICHAEL MILANO, M.D., DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided June 12, 1979.

Attorney(s) appearing for the Case

Mr. James P. Patuto for plaintiff (Messrs. Gallantucci & Patuto, attorneys).

Mr. Robert J. McKenna for defendant (Messrs. Shanley & Fisher, attorneys; Mr. McKenna and Mr. Richard E. Brennan on the brief).

PETRELLA, J.S.C.

Defendant Michael Milano, M.D., a board-certified psychiatrist licensed to practice in New Jersey, seeks summary judgment dismissing the complaint in this wrongful death action on the ground that he owed no duty to plaintiff's decedent and daughter, Kimberly McIntosh (sometimes referred to as decedent). On July 8, 1975 Lee Morgenstein, who by then had been a patient of defendant for slightly more than two years, murdered decedent.

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