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MAGER v. UNITED HOSPITALS OF NEWARK

88 N.J. Super. 421 (1965)

212 A.2d 664

ROSE MAGER, AS GENERAL ADMINISTRATRIX AND AS ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF FRANK MAGER, DECEASED, PLAINTIFF-APPELLANT, v. UNITED HOSPITALS OF NEWARK, DEFENDANT, AND NEW JERSEY MANUFACTURERS CASUALTY INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Additional Memoranda Submitted April 20 and May 14, 1965.

Decided July 16, 1965.

Attorney(s) appearing for the Case

Mr. Jerome S. Lieb argued the cause for appellant (Messrs. Harkavy & Lieb, attorneys).

Mr. Edward V. Ryan argued the cause for respondent (Mr. John M. McCue, on the brief).

Before Judges GOLDMANN, SULLIVAN and LABRECQUE.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

The question here is whether an insurance company which maintains and operates its own clinic for the treatment of injured workmen, and which is alleged to have negligently caused serious injury and death to a workman in the course of treating him for injuries, is immune from an action at law for damages because it was also the workmen's compensation insurance carrier of his employer. The trial court held...

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