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Higgins v. American Society of Clinical Pathologists

New Jersey Supreme Court


Decided: April 7, 1969.

JANET L. HIGGINS, PLAINTIFF-RESPONDENT,
v.
AMERICAN SOCIETY OF CLINICAL PATHOLOGISTS, A CORPORATION OF THE STATE OF COLORADO, DEFENDANT-APPELLANT

On appeal from the Superior Court, Law Division, Mercer County.

For affirmance -- Chief Justice Weintraub and Justices Jacobs, Proctor, Hall, Schettino and Haneman. For reversal -- None.

Per Curiam

[53 NJ Page 547]

This case is before us for the second time. On the plaintiff's appeal we reversed the judgment of the Appellate Division in favor of the defendant and remanded the matter to the Law Division. 51 N.J. 191 (1968). On plaintiff's motion for summary judgment, the defendant offered no proof in resistance. Accordingly, the proof stood as described in our opinion. Therefore, the trial court properly entered summary judgment for the plaintiff. We add that the line of proof suggested at the argument before us, that the plaintiff suffered no economic loss, is irrelevant.

Affirmed.

19690407


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