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EVERS v. DOLLINGER

95 N.J. 399 (1984)

471 A.2d 405

MERLE EVERS AND RICHARD EVERS, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. KENNETH DOLLINGER, M.D., AND LIVINGSTON OBGYN GROUP, P.C., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 8, 1984.

Attorney(s) appearing for the Case

S.M. Chris Franzblau argued the cause for appellants (Franzblau & Falkin, attorneys).

Jeffrey A. Peck argued the cause for respondents (Shanley & Fisher, attorneys; Jeffrey A. Peck and Stephen R. Long, on the brief).

The opinion of the Court was delivered by CLIFFORD, J.

In this medical malpractice case the trial court granted defendants' motion for judgment at the conclusion of plaintiffs' case because there was no proof of any damages proximately resulting from the defendant doctor's negligence. See R. 4:40-1. The Appellate Division affirmed, in an unreported opinion. We granted certification, 91 N.J. 523 (1982), and now reverse.

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