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KIMMEL v. DAYRIT

712 A.2d 1129 (1998)

154 N.J. 337

Sylvia KIMMEL, Executrix of the Estate of Elias M. Kimmel, O.D., F.A.A.O., Deceased, Plaintiff-Respondent, v. Pedro DAYRIT, M.D., Defendant-Appellant, and John Doe MD # 1 (radiologist), John Doe # 2 (surgeon), John Doe # 3 (internist), John Doe # 4 (neurologist), John Doe # 5 (radiologist), John Doe # 6 (pathologist), John Doe # 1 (individual partnership or entity in charge of laboratory), Jointly, Several and/or in the Alternative, Defendants.

Supreme Court of New Jersey.

Decided July 13, 1998.

Attorney(s) appearing for the Case

Christopher J. Christie, Cranford, for defendant-appellant (Dughi and Hewit, attorneys; Mr. Christie and Gary L. Riveles, of counsel and on the briefs).

Daniel A. Zehner, Woodstown, for plaintiff-respondent.

PER CURIAM.

This appeal involves a medical malpractice action brought by plaintiff, Sylvia Kimmel, who asserts wrongful death and survivorship claims based on her husband's death from colon cancer. She contends that he died after the defendant, Dr. Pedro Dayrit, failed to perform or obtain the results of tests to monitor her husband's condition. She argues that this negligent failure prevented her husband from discovering that his colon cancer had metastasized to...

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