At this junction, Judge Richardson reserved decision on the Motion. Therefore Defendants request that a judgement notwithstanding a verdict be granted. No chest x-rays were ordered on either visit. Plaintiff died on June 8, 1987. On appeal Defendant argues that no evidence was presented to show an earlier diagnosis would have changed the Plaintiff's outcome.
Defendants contend that the present matter is clearly distinguishable from the aforementioned case.
The first three pap smears read by CCL did not show any abnormalities. This pap smear also showed no abnormal cells. Dr. Roth testified that the pap smear conducted at St. Peter's Medical Center was less than optimal and had only a few hundred cells on it rather than thousands. This was the only testimony presented regarding this pap smear. Accordingly, proximate cause was not established as to St. Peter's liability.