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Chalick v. Cooper Hospital, et al.

United States District Court of New Jersey
192 F.R.D. 145 (D.N.J. 2000)


Facts

Conrad Chalick (plaintiff) brought a medical malpractice suit against Cooper Hospital (defendant), University Radiology Services, and four individual doctors (doctor defendants). Chalick alleged that the doctors’ negligence caused the death of his son, Michael Ellis Chalick, who was involved in a parachuting accident. Chalick also named as defendants John Does 1-50 and Jane Does 1-50, who were meant to stand for unknown doctors and nurses who contributed to Michael Ellis Chalick’s care. In June 1999, the defendants served their Rule 26(a) disclosures, identifying Dr. Richard Burns as a person with relevant knowledge but not disclosing Dr. Burns’ contact information or what knowledge he possessed. Through the deposition testimony of one of the defendant doctors in December 1999, Chalick learned that he had a claim against Dr. Burns. On December 27, 1999, Chalick filed a motion to amend his complaint, adding Dr. Burns as a defendant. The doctor defendants filed a brief in opposition, arguing that the statute of limitations for Chalick’s claim against Dr. Burns had passed and thus Dr. Burns could not be joined.

Rule of Law

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Issue

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Holding and Reasoning (Kugler, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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