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Valente v. Christ Hospital

August 4, 2009

REMY VALENTE, PLAINTIFF-APPELLANT,
v.
CHRIST HOSPITAL, MAUREEN DEHAVEN, R.N., MITCHELL STEINWAY, M.D., AND BECTON DICKINSON & COMPANY, DEFENDANTS-RESPONDENTS.



On appeal from Superior Court of New Jersey, Law Division, Hudson County, L-6265-04.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 1, 2009

Before Judges A. A. Rodríguez, Payne and Newman.

Plaintiff, Remy Valente, appeals from the dismissal of his medical malpractice action against defendants Christ Hospital, Maureen DeHaven, R.N., and Becton Dickinson & Company, following their successful motions for summary judgment. Plaintiff also appeals the dismissal by the trial judge of plaintiff's remaining claim against defendant, Mitchell Steinway, M.D., as the result of the judge's determination that plaintiff's experts had failed to establish a deviation on Dr. Steinway's part.

On appeal, plaintiff raises the following issues:

POINT I

[THE MOTION JUDGE] ERRED IN DISMISSING PLAINTIFF'S THIRD AMENDED COMPLAINT AS TO CHRIST HOSPITAL, DEHAVEN AND BD [BECTON DICKINSON].

POINT II

[THE MOTION JUDGE] ERRED IN NOT ORDERING AN ADVERSE INFERENCE CHARGE AGAINST CHRIST HOSPITAL FOR ITS SPOLIATION OF THE BLADE AND SCALPEL.

POINT III

[THE MOTION JUDGE] ERRED IN NOT DECLARING THIS MATTER BE GOVERNED BY ANDERSON V. SOMBERG.

POINT IV

[THE MOTION JUDGE] ERRED IN NOT ALLOWING ISAAC BACOTE TO BE REINSTATED AS A DEFENDANT.

POINT V

[THE MOTION JUDGE] ERRED IN NOT ALLOWING THE DE BENE ESSE DEPOSITION OF BRYAN KELLY, M.D., TO TAKE PLACE AT THE TIME OF TRIAL.

POINT VI

[THE TRIAL JUDGE] ERRED IN ALLOWING STEINWAY THE ABILITY TO COMMENT AT TRIAL AS TO OTHER ALTERNATE CAUSES BETWEEN THE SEPARATION OF THE SCALPEL HANDLE AND BLADE AND TO LIMIT THE SCOPE OF STEINWAY'S CROSS-EXAMINATION OF PLAINTIFFS' EXPERTS TO DIRECT EXAMINATION.

POINT VII

[THE TRIAL JUDGE] ERRED IN NOT ALLOWING DR. KELLY'S VIDEOTAPE TO BE PLAYED TO THE JURY.

POINT VIII

THE TRIAL COURT ERRED IN CONCLUDING THAT DR. SICHERMAN'S OPINION AS TO ...


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