Becker v. Eisenstodt

60 N.J.Super. 240 (1960)

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Nature of the Case

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Facts

In 1957, P went to D to have a nose job. D performed plastic surgery. She later went to D's office for post-operative treatment. D removed some of her bandages and cleaned her nose inside and out. She returned again a few days later on the 27th of December and D took a pledget of cotton and then dipped it in a liquid and put it up her right nostril. P said it hurt. D said, 'Don't be a baby.' P returned the next day to D's office find that her nose and upper lip were swollen and the skin was coming off. This condition persisted, and eventually, P's nostrils were beginning to close. D then cut her nostril and inserted a hard rubber object, and when P cried, he told her to get out of his office. During trial a number of pictures were shown to illustrate P's condition. D was called to the stand by P and testified that he had put 10% solution of cocaine on the pledget that was put up her nose. There was no cross-examination. P called two experts to testify that the cocaine solution could not have caused the burns that P experienced and that some other solution other than cocaine must have been used. This was considered by the trial court to be an impeachment of P's own witness. The trial court granted D's motion to dismiss at the close of P's case. P appealed.