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MARSELLA v. MONMOUTH MEDICAL CENTER

224 N.J. Super. 336 (1988)

540 A.2d 865

JOSEPHINE MARSELLA AND NICHOLAS MARSELLA, PLAINTIFFS-APPELLANTS, v. MONMOUTH MEDICAL CENTER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 1988.

Attorney(s) appearing for the Case

Louis F. Locascio argued the cause for appellants (Drazin & Warshaw, attorneys; Linda Stark Conroy, on the brief).

Sherry Lynn Spencer argued the cause for respondent (Giordano, Halleran & Ciesla, attorneys; James M. Ronan, Jr., of counsel).

Before Judges R.S. COHEN and LANDAU.

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

Plaintiff Josephine Marsella fell on a walkway at defendant Monmouth Medical Center (MMC) after visiting her husband, a patient there. She sued for her damages; her husband also sued per quod. MMC's answer pleaded the statutory hospital immunity to a beneficiary's judgment over $10,000. N.J.S.A. 2A:53A-8. Plaintiffs then filed an amended complaint, naming formerly John Doe defendants. The amended...

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