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POSTA v. CHUNG-LOY

306 N.J. Super. 182 (1997)

JOHN POSTA, PLAINTIFF/APPELLANT, v. HAROLD E. CHUNG-LOY, M.D., DAVID M. ROSENHECK, M.D., MARK W. WOLFMAN, M.D., AND JOHN F. KENNEDY MEDICAL CENTER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 18, 1997.

Attorney(s) appearing for the Case

Richard C. Swarbrick, argued the cause for appellant.

Jeremy P. Cooley, argued the cause for respondent Harold E. Chung-Loy, M.D. (Lenox, Socey, Wilgus, Formidoni & Casey, attorneys; Mr. Cooley, of counsel and on the brief; James J. Breslin, III, on the brief).

No briefs were filed by respondents David M. Rosenheck, M.D., Marc M. Wolfman, M.D., or John F. Kennedy Medical Center.

Before Judges CONLEY, WALLACE and CARCHMAN.

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

Plaintiff John Posta appeals from the involuntary dismissal of his medical malpractice action against defendants, Harold E. Chung-Loy, M.D., David M. Rosenheck, M.D., Marc M. Wolfman, M.D., and the John F. Kennedy Medical Center. Prior to trial, the judge granted summary judgment in favor of defendants on the issues of negligence, common knowledge, and res ipsa loquitur because plaintiff had failed to...

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