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BENDER v. ADELSON

901 A.2d 907 (2006)

187 N.J. 411

Kathleen BENDER, Administratrix Ad Prosequendum of the Estate of Robert F. Bender, Deceased, and Kathleen Bender, Individually, Plaintiff-Respondent, v. Richard ADELSON, M.D., Maurice Weiss, M.D. and Shore Heart Group, Defendants-Appellants, and Jane Roes, R.N. 1-6 (fictitious names, true names being unknown) and John Does, M.D. 1-6 (fictitious names, true names being unknown), Defendants.

Supreme Court of New Jersey.

Decided July 19, 2006.

Attorney(s) appearing for the Case

Richard A. Grossman, Brick, argued the cause for appellants (Grossman, Kruttschnitt & Heavey, attorneys; Mr. Grossman and Michael M. Abatemarco, on the brief).

Jeffrey A. Peck argued the cause for respondent (Drinker Biddle & Reath, attorneys; Mr. Peck and Jodi Sydell Rosenzweig, Florham Park, on the brief).

Justice ZAZZALI delivered the opinion of the Court.

After plaintiff's husband died during a heart procedure, plaintiff sued his doctors for negligence, and a jury awarded plaintiff $1.6 million. The trial court, however, granted defendants' motion for a mistrial. It found that comments that plaintiff's counsel made during summation asking the jury to draw an adverse inference from defendants' failure to present certain independent experts were unfair and prejudicial...

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