Evers v. Dollinger

The opinion of the Court was delivered by

CLIFFORD, J.

In this medical malpractice case the trial court granted defendants’ motion for judgment at the conclusion of plaintiffs’ case because there was no proof of any damages proximately resulting from the defendant doctor’s negligence. See R. 4:40-1. The Appellate Division affirmed, in an unreported opinion. We granted certification, 91 N.J. 523 (1982), and now reverse.

I

Because the trial court granted a judgment at the conclusion of plaintiff’s2 case, we treat plaintiff’s proofs as uncontradicted, both as to liability and damages. See R.…