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AHN v. KIM

145 N.J. 423 (1996)

678 A.2d 1073

KEJOO AHN, INDIVIDUALLY, AND HO AHN, BY HIS GUARDIAN, KEJOO AHN, AND KEJOO AHN, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF HO AHN, DECEASED, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. DR. CHUNG KIM, STANLEY BIRCH, ELLSWORTH RAND, "JOHN DOE" AND "JANE ROE", (FICTITIOUS NAMES), DEFENDANTS, AND THE CARRIER FOUNDATION AND THE CARRIER CLINIC MEDICAL ASSOCIATION, DEFENDANTS-RESPONDENTS, AND DR. BOHDAN CEHELYK, FELICIA SCHILP, R.N., MARY MANUELL, R.N., IRWIN KELLY AND BARBARA HIGGINS, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 18, 1996.

Attorney(s) appearing for the Case

Michael D. Schottland argued the cause for appellant and cross-respondent (Schottland, Aaron & Manning, attorneys).

Richard E. Brennan argued the cause for respondent and cross-appellant Dr. Bohdan Cehelyk (Shanley & Fisher, attorneys).

Leonard Rosenstein argued the cause for respondents The Carrier Foundation and The Carrier Clinic Medical Association and respondents and cross-appellants Felicia Schilp, R.N., and Mary Manuell, R.N. (Hurley & Vasios, attorneys).

Stephen O. Mortenson argued the cause for respondent and cross-appellants Irwin Kelly and Barbara Higgins (Mortenson and Pomeroy, attorneys).

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

This appeal concerns the liability of a private psychiatric hospital and members of its staff for the disappearance of a patient from an open ward. Plaintiff Kejoo Ahn (Mrs. Ahn), instituted this action individually, as guardian of her husband, Dr. Ho Ahn, and as executrix of his estate. Defendants include the Carrier Foundation, which operates the Carrier Clinic, and numerous individual defendants: Dr. Bohdan...

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