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RUSSELL v. RUTGERS HEALTH PLAN

280 N.J. Super. 445 (1995)

655 A.2d 948

JESSE E. RUSSELL, AS ADMINISTRATOR AD PROSEQUENDUM FOR THE HEIR-AT-LAW OF CHERYL W. RUSSELL, DECEASED, AS GENERAL ADMINISTRATOR OF THE ESTATE OF CHERYL W. RUSSELL, AND INDIVIDUALLY; WILLIAM E. RUSSELL, AN INFANT BY HIS GUARDIAN AD LITEM, ROSHA MCGILL, PLAINTIFFS-APPELLANTS, v. RUTGERS COMMUNITY HEALTH PLAN, INC.; JAMES M. LUCIANO, M.D.; CENTRAL NEW JERSEY MEDICAL GROUP; AND JULIA LADD SMITH, M.D., DEFENDANTS-RESPONDENTS, AND S. AIELLI; MARY ANN MULLEN, A/K/A MARY ANN MUELLER; MARY ROE, NAME BEING FICTITIOUS; AND RICHARD ROE, NAME BEING FICTITIOUS, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 1995.

Attorney(s) appearing for the Case

Rowand H. Clark, argued the cause for appellants (Mr. Clark, on the brief).

Barbara Ann Jacob, argued the cause for respondents, Rutgers Community Health Plan, Inc., Central New Jersey Medical Group, and James M. Luciano, M.D. (Grossman & Kruttschnitt, attorneys; Ms. Jacob, of counsel; Anthony M. Tracy, on the brief).

William Salmond, argued the cause for respondent, Julia Ladd Smith, M.D. (Karcher, Salmond, Ronan & Rainone, attorneys; Rebecca Smith Mulligan, on the brief).

Before Judges SHEBELL, WALLACE and KLEINER.

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

Plaintiffs appeal from a jury verdict of no cause of action in favor of defendants in this medical malpractice action in which survival and wrongful death damages were sought. Plaintiffs, African-Americans, urge that defense counsel improperly used race as a criterion for removing the only African-American prospective juror from the panel; that the trial judge erred in denying the request of plaintiffs' counsel...

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