Kimmel v. Dayrit

The opinion of the court was delivered by

WECKER, J.S.C.

(temporarily assigned).

Plaintiff Sylvia Kimmel, as executrix of the estate of her late husband, Elias M. Kimmel, appeals from a judgment dismissing her wrongful death and survival action and denying a new trial after a jury found no negligence in this medical malpractice action. Plaintiffs arguments, both on the new trial motion and on appeal, though somewhat inartfully presented, rely on the contention that the jury verdict represented a “miscarriage of justice.” Plaintiff contends that “[t]here is a pervading sense of ‘wrongness’…