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HEARON v. BURDETTE TOMLIN MEMORIAL HOSP.

213 N.J. Super. 98 (1986)

516 A.2d 628

MELVIN HEARON, SR. AND ELVA HEARON, HIS WIFE, PLAINTIFFS-APPELLANTS, v. BURDETTE TOMLIN MEMORIAL HOSPITAL, DR. ROBERT J. SORENSEN, DR. RODOLFO GARCIA AND DR. JOHN DOE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 6, 1986.

Attorney(s) appearing for the Case

Michael J. Glassman argued the cause for appellant (William T. DiCiurcio, attorney, of counsel and on the brief).

Robert E. Paarz argued the cause for respondent Dr. Robert Sorensen (Horn, Kaplan, Goldberg, Gorny & Daniels, attorneys; Robert E. Paarz, of counsel; Thomas J. Potter, on the brief).

Before Judges KING, DEIGHAN and HAVEY.

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

Plaintiffs Melvin Hearon, Sr. and Elva Hearon, his wife appeal from a summary judgment, granted after commencement of trial, dismissing their complaint for medical malpractice. Prior to trial a summary judgment had been granted in favor of defendant Burdette Tomlin Memorial Hospital and, prior to the commencement of trial plaintiffs submitted to a judgment of voluntary dismissal of their complaint against defendant...

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