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MASLONKA v. HERMANN

173 N.J. Super. 566 (1980)

414 A.2d 1350

EDWIN E. MASLONKA, GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF PATRICIA (GERSTENBERG) MASLONKA, DECEASED; ON BEHALF OF THE ESTATE OF PATRICIA MASLONKA, DECEASED, AND EDWIN E. MASLONKA, INDIVIDUALLY, PLAINTIFF-APPELLANT, v. HENRY L. HERMANN, M.D., INDIVIDUALLY; VOLMAR MERESCHAK, M.D., INDIVIDUALLY; HENRY L. HERMANN, M.D., AND VOLMAR MERESCHAK, M.D., AS PARTNERS; TINA BASTINELLI, R.N., AND ELIZABETH BOYLE, R.N., INDIVIDUALLY, JOINTLY OR SEVERALLY, DEFENDANTS-RESPONDENTS, AND WARREN HOSPITAL, A CORPORATION OF THE STATE OF NEW JERSEY AND PHYLLIS MARZUOLLI, R.N., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 1980.

Attorney(s) appearing for the Case

D. Scott Curzi argued the cause for appellant.

Stephen J. Tafaro argued the cause for respondents Henry L. Hermann, M.D. and Volmar Mereschak, M.D. (McDonough, Murray & Korn, attorneys).

Leonard Rosenstein argued the cause for respondent Tina Bastinelli (Feurerstein, Sachs & Maitlin, attorneys).

Robert M. Graham argued the cause for respondent Elizabeth Boyle, R.N. (Graham, Yuraski, Golden, Linter & Rothschild, attorneys).

Before Judges CRANE, MILMED and KING.

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

This is an action brought to recover damages for the alleged wrongful postpartum death of Patricia Maslonka, N.J.S.A. 2A:31-1 et seq. Plaintiff, her husband, appeals from a grant of summary judgment entered in favor of defendant Drs. Hermann and Mereschak and nurses Bastinelli and Boyle.1

At the time the summary judgment motion was argued the record consisted...

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