Preview
UNN-L-001574-23 06/06/2023 10:43:53 AM Pg 1 of 6 Trans ID: LCV20231720345
13152.00717-RTE
MARSHALL DENNEHEY
By: Robert T. Evers, Esq.
Attorney I.D. No. 022141990
425 Eagle Rock Avenue, Suite 302
Roseland, NJ 07068
973-618-4100 973-618-0685
ï‚š rtevers@mdwcg.com
ATTORNEYS FOR DEFENDANTS – Michael I. Goldberger, M.D. and Tri-County Orthopedics
CASIMIR PERCHALUK and SUPERIOR COURT OF NEW JERSEY
BARBARA PERCHALUK, Per Quod, LAW DIVISION: UNION COUNTY
DOCKET NO.: UNN-L-1574-23
Plaintiffs,
v. Civil Action
ANSWER ON BEHALF OF DEFENDANTS,
MICHAEL I. GOLDBERGER, M.D.; TRI- MICHAEL GOLDBERGER, M.D. and TRI-
COUNTY ORTHOPEDICS; JOHN DOE 1-5 COUNTY ORTHOPEDICS, SEPARATE
(these names being fictitious as their true DEFENSES, ANSWER TO CROSSCLAIMS,
identities are presently unknown); and ABC JURY DEMAND, DEMAND FOR STATEMENT
CORPORATION 1-5, (these names being OF DAMAGES, DESIGNATION OF TRIAL
fictitious as their true identities are presently COUNSEL AND CERTIFICATION PURSUANT
unknown), TO RULE 4:5-1 AND RULE 4:6-1
Defendants.
Defendants, Michael I. Goldberger, M.D., a Board Certified Orthopedic Surgeon and Tri-County
Orthopedics, by their attorneys, Marshall Dennehey, answer the Complaint and say:
FIRST COUNT
1. The allegations of this paragraph are admitted.
2. These defendants are presently without knowledge or information sufficient to form a belief
as to the truth of the allegations contained in this paragraph and leave plaintiffs to their proofs.
3. These defendants are presently without knowledge or information sufficient to form a belief
as to the truth of the allegations contained in this paragraph and leave plaintiffs to their proofs.
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4. These defendants are presently without knowledge or information sufficient to form a belief
as to the truth of the allegations contained in this paragraph and leave plaintiffs to their proofs.
5. These defendants are presently without knowledge or information sufficient to form a belief
as to the truth of the allegations contained in this paragraph and leave plaintiffs to their proofs.
6. These defendants are presently without knowledge or information sufficient to form a belief
as to the truth of the allegations contained in this paragraph and leave plaintiffs to their proofs.
7. Since the allegations contained in this paragraph are not of facts but are conclusions of
defendants' legal duties, the defendants make no answer to them and leave plaintiffs to their proofs.
8. The allegations of this paragraph are denied.
WHEREFORE, the answering defendants, Michael I. Goldberger, M.D. and Tri-County
Orthopedics, demand dismissal of the plaintiffs’ Complaint in its entirety with attorney's fees and costs of
suit.
SECOND COUNT
1. These defendants repeat and reiterate their answers to the allegations contained in each of
the prior counts as if set forth herein at length.
2. The allegations of this paragraph are denied.
WHEREFORE, the answering defendants, Michael I. Goldberger, M.D. and Tri-County
Orthopedics, demand dismissal of the plaintiffs’ Complaint in its entirety with attorney's fees and costs of
suit.
FIRST SEPARATE DEFENSE
The allegations contained in the First and Second Counts above fail to state a claim upon which
relief can be granted as to these defendants.
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SECOND SEPARATE DEFENSE
Any and all injuries and damages sustained by the plaintiffs were the result of the acts or omissions
of a third-party over whom these defendants had no control.
THIRD SEPARATE DEFENSE
The plaintiffs are guilty of contributory negligence in failing to exercise due and proper care
considering the circumstances existing at the time of the incident complained of.
FOURTH SEPARATE DEFENSE
The plaintiffs are guilty of comparative negligence in failing to exercise due and proper care
considering the circumstances existing at the time of the incident complained of.
FIFTH SEPARATE DEFENSE
Defendants hereby reserve the right to amend this Answer to assert additional separate defenses as
revealed or suggested by the completion of on-going investigation and discovery.
SIXTH SEPARATE DEFENSE
At all times and places mentioned in the Complaint herein, these defendants violated no legal duty
owing by defendants to plaintiffs.
SEVENTH SEPARATE DEFENSE
Any and all damages alleged to have been suffered by plaintiffs are not causally related to any act
or omission alleged to be chargeable to these defendants.
EIGHTH SEPARATE DEFENSE
These defendants include all separate defenses applicable to plaintiffs which have been raised by
any other co-defendant in the within matter as if fully set forth herein and makes the same, to such extent
that it does not imply liability on the part of these defendants, jointly and severally, these defendants’
defenses.
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NINTH SEPARATE DEFENSE
Defendants demand credit for any and all payments by way of insurance or other medical benefits
received by the plaintiffs as against any award made to plaintiffs as a result of this action.
TENTH SEPARATE DEFENSE
Pursuant to R. 4:7-5, these defendants reserve the right to seek a credit reducing the amount of
plaintiffs’ judgment, if any, to reflect the degree of fault allocated by the jury to any co-defendant, regardless
of settlement by any co-defendant. These defendants assert that the liability of any settling co-defendant
shall be an issue at the time of trial.
ELEVENTH SEPARATE DEFENSE
These defendants assert their rights to a credit as to any other settling co-defendant or any other
party in any other action with whom plaintiffs settle or have settled.
TWELFTH SEPARATE DEFENSE
The claim set forth in the Complaint is barred by the Revised Statutes of the State of New Jersey,
more particularly, the Statute of Limitations as said suit was not filed within the time period allowed by
said Statute.
THIRTEENTH SEPARATE DEFENSE
The Complaint in this action is barred by the entire controversy doctrine.
FOURTEENTH SEPARATE DEFENSE
Defendants reserve the right to seek a dismissal of this action for plaintiffs’ failure to timely serve
the Summons and Complaint in accordance with Court Rules.
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ANSWER TO CROSSCLAIMS
The defendants, Michael I. Goldberger, M.D. and Tri-County Orthopedics, by way of Answer to
any and all Crossclaims which may be asserted against them state:
1. The allegations of any and all Crossclaims which have been or may be alleged against these
defendants are denied.
DESIGNATION OF TRIAL COUNSEL
Robert T. Evers, Esq. is hereby designated as trial counsel in this matter, pursuant to the provisions
of Rule 4:25-4.
DEMAND FOR ANSWERS TO INTERROGATORIES
Demand is hereby made for plaintiffs to supply certified answers to Uniform Interrogatories Form
A and Form A(l) and Supplemental Interrogatories.
DEMAND FOR AFFIDAVIT OF MERIT
Demand is made for an Affidavit of Merit pursuant to N.J.S.A. 2A:53A-27.
JURY DEMAND
These defendants demand a trial by a jury on all the issues involved herein.
MARSHALL DENNEHEY
Attorney for Defendants, Michael I. Goldberger, M.D. and
Tri-County Orthopedics
BY:____________________________
Robert T. Evers, Esq.
Dated: June 5, 2023
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CERTIFICATION
It is hereby certified that the within Answer was served within the time period allowed by Rule
4:6.
I certify that I am not aware of the matter in controversy being the subject of any other action
pending in any court or arbitration forum. I further certify that no such action or arbitration proceeding is
presently contemplated.
MARSHALL DENNEHEY
Attorney for Defendants, Michael I. Goldberger, M.D. and
Tri-County Orthopedics
BY:____________________________
Robert T. Evers, Esq.
Dated: June 5, 2023
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Civil Case Information Statement
Case Details: UNION | Civil Part Docket# L-001574-23
Case Caption: PERCHALUK CASIMIR VS GOLDBERGER, Case Type: MEDICAL MALPRACTICE
M.D. MICHAEL Document Type: Answer W/Jury Demand
Case Initiation Date: 05/16/2023 Jury Demand: YES - 6 JURORS
Attorney Name: ROBERT THOMAS EVERS Is this a professional malpractice case? YES
Firm Name: MARSHALL DENNEHEY WARNER COLEMAN Related cases pending: NO
& GOGGIN If yes, list docket numbers:
Address: 425 EAGLE ROCK AVE STE 302 Do you anticipate adding any parties (arising out of same
ROSELAND NJ 07068 transaction or occurrence)? NO
Phone: 7329101969 Does this case involve claims related to COVID-19? NO
Name of Party: DEFENDANT : GOLDBERGER, M.D.,
MICHAEL, I Are sexual abuse claims alleged by: CASIMIR PERCHALUK? NO
Name of Defendant’s Primary Insurance Company
(if known): MD Advantage / MagMutual Are sexual abuse claims alleged by: BARBARA PERCHALUK? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? YES
If yes, please identify the requested accommodation:
MOBILITY AIDS (WHEELCHAIR-GURNEY-BED),
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
06/06/2023 /s/ ROBERT THOMAS EVERS
Dated Signed
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Preview
UNN-L-001574-23 06/06/2023 10:43:53 AM Pg 1 of 6 Trans ID: LCV20231720345 13152.00717-RTE MARSHALL DENNEHEY By: Robert T. Evers, Esq. Attorney I.D. No. 022141990 425 Eagle Rock Avenue, Suite 302 Roseland, NJ 07068 973-618-4100 973-618-0685  rtevers@mdwcg.com ATTORNEYS FOR DEFENDANTS – Michael I. Goldberger, M.D. and Tri-County Orthopedics CASIMIR PERCHALUK and SUPERIOR COURT OF NEW JERSEY BARBARA PERCHALUK, Per Quod, LAW DIVISION: UNION COUNTY DOCKET NO.: UNN-L-1574-23 Plaintiffs, v. Civil Action ANSWER ON BEHALF OF DEFENDANTS, MICHAEL I. GOLDBERGER, M.D.; TRI- MICHAEL GOLDBERGER, M.D. and TRI- COUNTY ORTHOPEDICS; JOHN DOE 1-5 COUNTY ORTHOPEDICS, SEPARATE (these names being fictitious as their true DEFENSES, ANSWER TO CROSSCLAIMS, identities are presently unknown); and ABC JURY DEMAND, DEMAND FOR STATEMENT CORPORATION 1-5, (these names being OF DAMAGES, DESIGNATION OF TRIAL fictitious as their true identities are presently COUNSEL AND CERTIFICATION PURSUANT unknown), TO RULE 4:5-1 AND RULE 4:6-1 Defendants. Defendants, Michael I. Goldberger, M.D., a Board Certified Orthopedic Surgeon and Tri-County Orthopedics, by their attorneys, Marshall Dennehey, answer the Complaint and say: FIRST COUNT 1. The allegations of this paragraph are admitted. 2. These defendants are presently without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and leave plaintiffs to their proofs. 3. These defendants are presently without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and leave plaintiffs to their proofs. UNN-L-001574-23 06/06/2023 10:43:53 AM Pg 2 of 6 Trans ID: LCV20231720345 4. These defendants are presently without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and leave plaintiffs to their proofs. 5. These defendants are presently without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and leave plaintiffs to their proofs. 6. These defendants are presently without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and leave plaintiffs to their proofs. 7. Since the allegations contained in this paragraph are not of facts but are conclusions of defendants' legal duties, the defendants make no answer to them and leave plaintiffs to their proofs. 8. The allegations of this paragraph are denied. WHEREFORE, the answering defendants, Michael I. Goldberger, M.D. and Tri-County Orthopedics, demand dismissal of the plaintiffs’ Complaint in its entirety with attorney's fees and costs of suit. SECOND COUNT 1. These defendants repeat and reiterate their answers to the allegations contained in each of the prior counts as if set forth herein at length. 2. The allegations of this paragraph are denied. WHEREFORE, the answering defendants, Michael I. Goldberger, M.D. and Tri-County Orthopedics, demand dismissal of the plaintiffs’ Complaint in its entirety with attorney's fees and costs of suit. FIRST SEPARATE DEFENSE The allegations contained in the First and Second Counts above fail to state a claim upon which relief can be granted as to these defendants. UNN-L-001574-23 06/06/2023 10:43:53 AM Pg 3 of 6 Trans ID: LCV20231720345 SECOND SEPARATE DEFENSE Any and all injuries and damages sustained by the plaintiffs were the result of the acts or omissions of a third-party over whom these defendants had no control. THIRD SEPARATE DEFENSE The plaintiffs are guilty of contributory negligence in failing to exercise due and proper care considering the circumstances existing at the time of the incident complained of. FOURTH SEPARATE DEFENSE The plaintiffs are guilty of comparative negligence in failing to exercise due and proper care considering the circumstances existing at the time of the incident complained of. FIFTH SEPARATE DEFENSE Defendants hereby reserve the right to amend this Answer to assert additional separate defenses as revealed or suggested by the completion of on-going investigation and discovery. SIXTH SEPARATE DEFENSE At all times and places mentioned in the Complaint herein, these defendants violated no legal duty owing by defendants to plaintiffs. SEVENTH SEPARATE DEFENSE Any and all damages alleged to have been suffered by plaintiffs are not causally related to any act or omission alleged to be chargeable to these defendants. EIGHTH SEPARATE DEFENSE These defendants include all separate defenses applicable to plaintiffs which have been raised by any other co-defendant in the within matter as if fully set forth herein and makes the same, to such extent that it does not imply liability on the part of these defendants, jointly and severally, these defendants’ defenses. UNN-L-001574-23 06/06/2023 10:43:53 AM Pg 4 of 6 Trans ID: LCV20231720345 NINTH SEPARATE DEFENSE Defendants demand credit for any and all payments by way of insurance or other medical benefits received by the plaintiffs as against any award made to plaintiffs as a result of this action. TENTH SEPARATE DEFENSE Pursuant to R. 4:7-5, these defendants reserve the right to seek a credit reducing the amount of plaintiffs’ judgment, if any, to reflect the degree of fault allocated by the jury to any co-defendant, regardless of settlement by any co-defendant. These defendants assert that the liability of any settling co-defendant shall be an issue at the time of trial. ELEVENTH SEPARATE DEFENSE These defendants assert their rights to a credit as to any other settling co-defendant or any other party in any other action with whom plaintiffs settle or have settled. TWELFTH SEPARATE DEFENSE The claim set forth in the Complaint is barred by the Revised Statutes of the State of New Jersey, more particularly, the Statute of Limitations as said suit was not filed within the time period allowed by said Statute. THIRTEENTH SEPARATE DEFENSE The Complaint in this action is barred by the entire controversy doctrine. FOURTEENTH SEPARATE DEFENSE Defendants reserve the right to seek a dismissal of this action for plaintiffs’ failure to timely serve the Summons and Complaint in accordance with Court Rules. UNN-L-001574-23 06/06/2023 10:43:53 AM Pg 5 of 6 Trans ID: LCV20231720345 ANSWER TO CROSSCLAIMS The defendants, Michael I. Goldberger, M.D. and Tri-County Orthopedics, by way of Answer to any and all Crossclaims which may be asserted against them state: 1. The allegations of any and all Crossclaims which have been or may be alleged against these defendants are denied. DESIGNATION OF TRIAL COUNSEL Robert T. Evers, Esq. is hereby designated as trial counsel in this matter, pursuant to the provisions of Rule 4:25-4. DEMAND FOR ANSWERS TO INTERROGATORIES Demand is hereby made for plaintiffs to supply certified answers to Uniform Interrogatories Form A and Form A(l) and Supplemental Interrogatories. DEMAND FOR AFFIDAVIT OF MERIT Demand is made for an Affidavit of Merit pursuant to N.J.S.A. 2A:53A-27. JURY DEMAND These defendants demand a trial by a jury on all the issues involved herein. MARSHALL DENNEHEY Attorney for Defendants, Michael I. Goldberger, M.D. and Tri-County Orthopedics BY:____________________________ Robert T. Evers, Esq. Dated: June 5, 2023 UNN-L-001574-23 06/06/2023 10:43:53 AM Pg 6 of 6 Trans ID: LCV20231720345 CERTIFICATION It is hereby certified that the within Answer was served within the time period allowed by Rule 4:6. I certify that I am not aware of the matter in controversy being the subject of any other action pending in any court or arbitration forum. I further certify that no such action or arbitration proceeding is presently contemplated. MARSHALL DENNEHEY Attorney for Defendants, Michael I. Goldberger, M.D. and Tri-County Orthopedics BY:____________________________ Robert T. Evers, Esq. Dated: June 5, 2023 UNN-L-001574-23 06/06/2023 UNN-L-001574-23 06/06/202310:43:53 10:43:40AM AM Pg 1 of 2 Trans TransID: ID:LCV20231720345 LCV20231720345 Civil Case Information Statement Case Details: UNION | Civil Part Docket# L-001574-23 Case Caption: PERCHALUK CASIMIR VS GOLDBERGER, Case Type: MEDICAL MALPRACTICE M.D. MICHAEL Document Type: Answer W/Jury Demand Case Initiation Date: 05/16/2023 Jury Demand: YES - 6 JURORS Attorney Name: ROBERT THOMAS EVERS Is this a professional malpractice case? YES Firm Name: MARSHALL DENNEHEY WARNER COLEMAN Related cases pending: NO & GOGGIN If yes, list docket numbers: Address: 425 EAGLE ROCK AVE STE 302 Do you anticipate adding any parties (arising out of same ROSELAND NJ 07068 transaction or occurrence)? NO Phone: 7329101969 Does this case involve claims related to COVID-19? NO Name of Party: DEFENDANT : GOLDBERGER, M.D., MICHAEL, I Are sexual abuse claims alleged by: CASIMIR PERCHALUK? NO Name of Defendant’s Primary Insurance Company (if known): MD Advantage / MagMutual Are sexual abuse claims alleged by: BARBARA PERCHALUK? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? YES If yes, please identify the requested accommodation: MOBILITY AIDS (WHEELCHAIR-GURNEY-BED), Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 06/06/2023 /s/ ROBERT THOMAS EVERS Dated Signed UNN-L-001574-23 06/06/2023 UNN-L-001574-23 06/06/202310:43:53 10:43:40AM AM Pg 2 of 2 Trans TransID: ID:LCV20231720345 LCV20231720345