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KOSMOWSKI v. ATLANTIC CITY MED. CTR.

818 A.2d 319 (2003)

175 N.J. 568

Walter M. KOSMOWSKI, Sr., Administrator ad Prosequendum for the Heirs-at-Law of Drew J. Kosmowski, deceased; Walter M. Kosmowski, Sr., Administrator of the Estate of Drew J. Kosmowski, deceased; Walter M. Kosmowski, Sr., Individually and Eleanor Kosmowski, Individually, Plaintiffs-Appellants, v. ATLANTIC CITY MEDICAL CENTER; Ronald Vallorini, D.O. and Sandra Levine, R.N., Defendants-Respondents, and William F. Pfeifer, III, M.D.; Bruce Eidelson, M.D.; Andrew Glass, M.D.; Scott Strenger, M.D.; Sykes, M.D., John Does M.D. and Jane Does, M.D. (Fictitious physicians who treated decedent); Mary Ann Jeffrie, R.N.; A.B. Sach R.N.; E. Rosenbath, R.N.; Beth Doe, R.N.; Jane Does R.N. and Jim Does, R.N. (Fictitious nurses who cared for decedent) Jane Does and John Does (Fictitious employees of defendant, Atlantic City Medical Center), Defendants.

Supreme Court of New Jersey.

Decided March 19, 2003.

Attorney(s) appearing for the Case

Richard J. Simon, New Brunswick, argued the cause for appellants.

Eric M. Wood, Atlantic City, argued the cause for respondents Atlantic City Medical Center and Sandra Levine, R.N. (Fox, Rothschild, O'Brien & Frankel, attorneys).

Paul M. Schaaff, Jr., West Long Branch, argued the cause for respondent Ronald Vallorini, D.O. (Orlovsky, Moody, Schaaff & Gabrysiak, attorneys; Jill R. O'Keeffe, on the brief).

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

The sole issue raised in this medical malpractice—wrongful death case is whether the complaint should have been dismissed because of the unavailability of plaintiffs' medical expert. We conclude that under the unique facts of this case, the trial court should reassess its discretionary ruling.

I.

The complaint in this action was filed on September...

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