Supreme Court of New Jersey

Alph Daily, Plaintiff-Appellant v. Harold M. Somberg and John J. Flanagan, Defendants-Respondents

December 1, 195828 N.J. 372

Summary

The Supreme Court of New Jersey reversed the Law Division's summary judgment, holding that under New Jersey law the release of Dealer's Transport Company does not bar the plaintiff's malpractice claim against Drs. Somberg and Flanagan because the release was not shown to be intended to cover the doctors nor to provide full compensation. The case was remanded for trial.