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JAMES v. CITY OF EAST ORANGE

246 N.J. Super. 554 (1991)

588 A.2d 412

MARY JAMES, INDIVIDUALLY AND AS ADMINISTRATRIX TO THE ESTATE OF SELWYN JAMES, DECEASED AND AS ADMINISTRATRIX AD PROSEQUENDAM FOR SELWYN JAMES, DECEASED, PLAINTIFF-APPELLANT, v. CITY OF EAST ORANGE, EAST ORANGE GENERAL HOSPITAL, DR. NANCY CAHIWAT, DR. L. PRYSTOWSKY, MARY HUSPEN, R.N., AND DR. LARRY PETTIS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 1991.

Attorney(s) appearing for the Case

Eldridge Hawkins argued the cause for appellant.

William S. Mezzomo argued the cause for respondent Dr. Larry Pettis (McDonough, Korn & Eichhorn, attorneys; Peter L. Korn, of counsel; William S. Mezzomo, on the brief).

Peter A. Greene argued the cause for respondents East Orange General Hospital, Dr. L. Prystowsky and Mary Huspen, R.N. (Feuerstein, Sachs, Maitlin & Fleming, attorneys; Peter A. Greene, on the brief).

Before Judges ANTELL, O'BRIEN and KEEFE.

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

At 1:30 a.m., April 27, 1984, plaintiff's husband, decedent Selwyn James, appeared at East Orange Police Headquarters and reported that he had just killed his wife. In fact, although he had injured plaintiff during a domestic argument, she was alive and was then receiving emergency care at the East Orange General Hospital. The police detained decedent for a number of hours, and after it became apparent he...

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