Henry Anderson, Plaintiff-Respondent v. Harold Somberg, Reinhold-Schumann, Inc., a Corporation, St. James Hospital…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division and remanded for trial, holding that a verdict of no cause against all defendants in a foreign‑object medical malpractice case is a miscarriage of justice; the jury must be instructed that at least one defendant will be liable and the burden of proof shifts to the defendants. Justice Mountain dissented, arguing that the burden‑shifting rule improperly imposes liability on possibly innocent parties.