6-25-07 (A-52-06)
The trial judge’s instruction to the jury on the appropriate
standard of care applicable to Dr. Hunter, though not entirely
in keeping with the Model Jury Charge, nonetheless did not
result in error; the Court is satisfied that the jury concluded
that Hunter’s actions were reasonable in light of all of the
facts relating to the emergency he confronted; the Court finds
no error in the trial court’s dismissal of the fraud claim or in
the Appellate Division’s analysis of plaintiffs’ argument on
appeal; and, because the change in the expert’s opinion,
although significant, was one which brought his opinion into
alignment with plaintiffs’ expert, the Court does not perceive,
in these circumstances, any prejudice to plaintiffs.
