The court also found that the trial court erred in dismissing the lack of informed consent claim. Kienzle alleged that Dr. Myers failed to disclose the risks of cervical manipulation, including the risk of disc herniation. The discovery rule similarly applied to this claim, as Kienzle could not have known of the omitted risk information until she suffered the injury.
The court relied on established principles of New Jersey premises liability law: kienzle v myers case brief
Can an easement be created by estoppel when a property owner grants permission for a permanent-type improvement (like a sewer line) and the other party reasonably relies on that permission to their detriment, even if there is no evidence of fraud or intentional misrepresentation? The court also found that the trial court