Herb v. Spock

JAMES, J.,

— This matter is before the court to consider defendant John R Danella M.D. ’s summary judgment motion seeking to dismiss plaintiff’s claims against him. Plaintiff filed this action on behalf of his wife, Rochelle R. Herb (decedent), contending that defendant Danella was negligent in treating and managing her renal cell carcinoma from which she eventually died. Discovery has been completed, and the case is scheduled to be tried to a jury at the end of June 2005.

Defendant contends that there are no genuine issues of material fact. Specifically, defendant Danella contends that…