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Reid v. University of Medicine & Dentistry of New Jersey

July 22, 2010

TOMMIE S. REID, PLAINTIFF-APPELLANT,
v.
UNIVERSITY OF MEDICINE & DENTISTRY OF NEW JERSEY AND DR. PETER RICE, DEFENDANTS-RESPONDENTS.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. L-8330-08.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 14, 2010

Before Judges Fisher and Sapp-Peterson.

In this pro se appeal, plaintiff appeals from the Law Division order dismissing his complaint alleging medical negligence in the wrongful removal of his testicles by defendant, Dr. Peter Rice, who was employed by defendant, University of Medicine and Dentistry of New Jersey (UMDNJ), at the time of the surgery. We affirm.

Prior to commencing this action, plaintiff failed to file a Notice of Claim pursuant to the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. The Law Division judge granted defendants' motion to dismiss the complaint for non-compliance with the notice provisions under the TCA. Plaintiff moved for reconsideration which the court also denied. The present appeal followed.

On appeal, plaintiff raises the following points for our consideration:

[POINT I]

DEFAULT

A DEFAULT JUDG[]MENT SHOULD HAVE BEEN GRANTED BECAUSE OPPOSING PARTY HAD NO LEGITIMATE DEFENSE, JUNE 19, 2008.

[POINT II]

PROOF HEARING

PLAINTIFF WAS MADE TO REQUEST SECOND PROOF HEARING AUGUST 29, 2008, BECAUSE PURPORTED MISPLACED [SIC] FIRST REQUEST FOR HEARING, JUNE 25, 2008, ON SEPTEMBER 23, 2008, ...


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