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CAMBURN v. MARLBORO PSYCHIATRIC HOSPITAL

162 N.J. Super. 323 (1978)

392 A.2d 1218

WILLIAM CAMBURN, BY HIS GUARDIAN AD LITEM, INEZ McGAYHEY, PLAINTIFF-APPELLANT, v. MARLBORO PSYCHIATRIC HOSPITAL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 26, 1978.

Attorney(s) appearing for the Case

Mr. Robert A. Coogan argued the cause for appellant.

Mr. Richard M. Meth, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Ms. Erminie Conley, Deputy Attorney General, of counsel).

Before Judges HALPERN, ARD and ANTELL.

The opinion of the court was delivered by HALPERN, P.J.A.D.

This is an appeal from a summary judgment dismissing plaintiff's complaint. The narrow and novel issue presented is whether under the facts in this case defendant (hereinafter referred to as the State) is immune from responsibility under the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.).

The pertinent operative facts are not in dispute. In September 1973, following a hearing in...

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