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PELOSE v. GREEN

222 N.J. Super. 545 (1988)

537 A.2d 745

ANTHONY PELOSE AND ROSE PELOSE, HIS WIFE, PLAINTIFFS-APPELLANTS, v. ROBERT E. GREEN, M.D., LEO KELLY, JR., M.D., ABC, DEF, AND JOHN DOES I THROUGH XV, FICTITIOUSLY DENOMINATED, WHOSE IDENTITIES ARE PRESENTLY UNKNOWN. DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 16, 1988.

Attorney(s) appearing for the Case

Marc E. Lesser argued the cause for appellants (Kronisch, Schkeeper & Lesser, attorneys; Marc E. Lesser and Myron W. Kronisch, on the brief).

Myron J. Bromberg argued the cause for respondent Robert E. Green, M.D. (Porzio, Bromberg & Newman, attorneys; Myron J. Bromberg, of counsel; Myron J. Bromberg and Lisa Murtha, on the brief).

Robert P. McDonough argued the cause for respondent Leo Kelly, Jr., M.D. (McDonough, Murray & Korn, attorneys; Robert P. McDonough, of counsel; Dolores M. Filandro, on the brief).

Before Judges PRESSLER, BILDER and MUIR, Jr.

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

This is an appeal from the dismissal of a medical malpractice case at the end of plaintiffs' case. The facts relevant to this appeal can be simply and briefly stated.

Defendants, Dr. Robert Green, a neurosurgeon, and Dr. Leo Kelly, Jr., an orthopedic surgeon, performed a cervical laminectomy on plaintiff Anthony Pelose. Dr. Green was the principal surgeon; Dr. Kelly assisted. As the assistant, Dr. Kelly...

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