# Carey v. Lovett

> Supreme Court of New Jersey · April 6, 1993 · 132 N.J. 44

URL: https://www.frixlaw.com/law-library/cases/9516537

## Case

- **Full name:** Joann Carey, Individually; Gregory Carey, Individually; Joann Carey and Gregory Carey, as General Administrators and Administrators Ad Prosequendum for the Estate of Amanda Carey, Deceased; Annette Carey, Individually; And Gregory Carey, as Husband of Joann Carey, Plaintiffs-Appellants, v. William E. Lovett, Jr., M.D.; John H. Osler III, M.D., P.A.; And John H. Osler III, M.D., Defendants-Respondents, and Robert H. Gerard, M.D.; Meena Pathikonda, M.D.; John Doe (Unknown Physician or Physicians Under Whose Control the Plaintiff Joann Carey Was on October 11, 1983); West Jersey Health Systems, A/K/A West Jersey Hospital — Eastern Division, Voorhees, New Jersey; Barry Brown, President of West Jersey Hospital Systems; Thomas L. Scott, Executive Director of West Jersey Hospital Systems — Eastern Division; Theodore J. Deconna, M.D., Chairman of O.B./gyn Department of West Jersey Hospital — Eastern Division; John A. Marchesani, M.D., Chairman, Pediatric Department of West Jersey Hospital Systems — Eastern Division; Jane Doe (Unknown Director of Nurses of West Jersey Hospital, Eastern Division); Theresa Lyle, Assistant Director of Nurses of West Jersey Hospital — Eastern Division; Thoman, R.N.; Sofia Roache, R.N.; Marjorie Levins, L.P.N.; S. Collins, R.N.; L. Collins, A/K/A (L); Lillian Limiedor, R.N., A/K/A (L); Mary Louise Hach, R.N.; Maria Green, L.P.G.; Joann Carter, R.N.; Barbara Green, R.N.; Judy Witt, R.N.; P. Carnuccio, L.P.N.; Nurse Doe (An Unknown Nurse or Nurses Under Whose Care Joann Carey Was on October 11, 1983); John Doe (With Respect to the Fetal Monitoring Device or Devices Used on Joann Carey on October 11, 1983, John Doe(s) is a Fictitious Unknown Manufacturer, Wholesaler, Distributor, Retailer, Supplier of Component Parts, Designer, Maintenance Company, and/or a Successor Entity of Any One or More of the Aforedescribed); John Doe(s) (Employee of West Jersey Hospital in Charge of Said Fetal Monitoring Device(s)), Defendants
- **Court:** Supreme Court of New Jersey
- **Decided:** April 6, 1993
- **Citations:** 132 N.J. 44; 622 A.2d 1279; 61 U.S.L.W. 2641; 1993 N.J. LEXIS 69
- **Precedential status:** Published
- **Opinion:** Concurrence by O'Hern
- **Judges:** Pollock, Handler, O'Hern
- **Cited by:** 138 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9516537

## How later opinions describe it (automated extraction)

- applying that principle to expert testimony on valuation issues
- stating that court ignored holding in Giardina by requiring parents to prove severe emotional distress

## Opinion text

O’HERN, J.,
concurring in result.
For affirmance in part; for reversal in part; for remandment — Chief Justice WILENTZ, and Justices CLIFFORD, HANDLER, POLLOCK, O’HERN, GARIBALDI and STEIN — 7.
Opposed —None.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9516537. Public record. Not legal advice.