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COWAN v. DOERING

111 N.J. 451 (1988)

545 A.2d 159

MARILYN M. COWAN, FORMERLY KNOWN AS MARILYN M. LOMBARDO, PLAINTIFF-RESPONDENT, v. RICHARD DOERING, M.D., ALEXANDRE ACKAD, M.D., AND CAROLE ELTRIDGE, R.N., DEFENDANTS-APPELLANTS, AND ALLWYN J. LEVINE, M.D., LOIS PAPP, R.N., CHRIS TAYLOR, R.N., KATHLEEN BARLICS, R.N., SHARON KROLL, R.N., MARY DOE, R.N., JANE DOE, R.N., BETTY DOE, R.N., AND NANCY DOE, R.N., (THE DOE NAMES BEING FICTITIOUS AND UNKNOWN), AND THE VALLEY HOSPITAL, DEFENDANTS.

The Supreme Court of New Jersey.

Decided August 11, 1988.

Attorney(s) appearing for the Case

John P. Markey argued the cause for appellant Richard Doering, M.D. (Markey, Dailey & Cagney, attorneys).

James B. Sharp argued the cause for appellant Alexandre Ackad, M.D. (Conway, Reiseman, Mattia & Sharp, attorneys).

Peter R. Feehan argued the cause for appellant Carol Eltridge, R.N. (Feehan & Feehan, attorneys).

William B. Butler argued the cause for respondent (Hooley, Butler, DiFrancesco & Kelly, attorneys).

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

What are we to make of Marilyn Cowan's defenestration? When Ms. Cowan jumped from a second-story hospital room, she was a patient being treated for an overdose of sleeping pills, taken in an earlier suicide attempt that same morning. Her jump from the window left her with serious injuries.

Ms. Cowan came to believe that others, not she, were responsible for her behavior and resultant injuries. She sued...

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