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DUBLER v. STETSER

179 N.J. Super. 139 (1981)

430 A.2d 962

ROSEMARIE DUBLER AND WILLIAM DUBLER, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. LELAND M. STETSER, M.D., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1981.

Attorney(s) appearing for the Case

M. Jefferson Davis argued the cause for appellants (Reiners & Davis, attorneys; Edward F. Borden, Jr., on the brief).

David M. Mayfield argued the cause for respondent (Martin, Crawshaw & Mayfield, attorneys; David M. Mayfield and Linton W. Turner, Jr., on the brief).

Before Judges ALLCORN, PRESSLER and FURMAN.

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

It is our conviction that, under the terms and intendment of R. 4:21-5(e), the full findings of the medical malpractice panel, when unanimous, properly may be introduced into evidence at the trial by any party to the litigation who also was party to the panel hearing — accompanied by an appropriate cautionary instruction along the lines of the limitations prescribed in the last sentence of subsection...

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