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McNESBY v. DEPT. OF HUMAN SERVICES

231 N.J. Super. 568 (1989)

555 A.2d 1186

RITA McNESBY, GENERAL ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF CHARLES MCNESBY, DECEASED, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1989.

Attorney(s) appearing for the Case

Leo B. Dubler argued the cause for appellant.

Talbot Kramer, Deputy Attorney General, argued the cause for respondent (Cary Edwards, Attorney General of New Jersey, attorney; Michael R. Clancy, Deputy Attorney General, of counsel).

Before Judges KING, ASHBEY and SKILLMAN.

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

This case involves the liability and immunity of the State of New Jersey for a patient's death at the Ancora Psychiatric Hospital. We conclude that the State was immune from liability under N.J.S.A. 59:6-6(a)(2), governing therapeutic decisions about confining of the mentally ill, for the death of the plaintiff's decedent by suicide (self-immolation). This subsection of the Tort Claims Act specifically...

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