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KEMP EX REL. WRIGHT v. STATE, COUNTY OF BURLINGTON

147 N.J. 294 (1997)

687 A.2d 715

DELISHA KEMP, A MINOR, BY HER PARENT AND NATURAL GUARDIAN, DEBRA WRIGHT, AND DEBRA WRIGHT, IN HER OWN RIGHT, PLAINTIFFS-APPELLANTS, v. STATE OF NEW JERSEY, COUNTY OF BURLINGTON, RIVERSIDE BOARD OF EDUCATION, RIVERSIDE HIGH SCHOOL, DEFENDANTS-RESPONDENTS, AND JOHN DOES MANUFACTURERS (1-10) RICHARD ROES DISTRIBUTORS (1-10); AND ROBERT DOES (1-10) (FICTITIOUS NAMES) INDIVIDUALLY, JOINTLY, SEVERALLY, AND/OR IN THE ALTERNATIVE, DEFENDANTS.

The Supreme Court of New Jersey.

Decided January 14, 1997.

Attorney(s) appearing for the Case

David K. Cuneo, Haddonfield, argued the cause, for plaintiffs-appellants.

Valerie L. Egar, Deputy Attorney General, for respondent State of New Jersey (Peter G. Verniero, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).

Timothy E. Annin, for respondent County of Burlington (Capehart & Scatchard, attorneys; Alison M. Nissen, on the brief).

Frank G. Basile, for respondents Riverside Board of Education and Riverside High School (Basile & Testa, attorneys; Diane M. Vari, on the brief).

OPINION

The opinion of the Court was delivered by COLEMAN, Justice.

The primary issue in this appeal is whether either of two statutory provisions, N.J.S.A. 59:6-4 of the Tort Claims Act ("TCA") or N.J.S.A. 26:11-12 (now repealed), immunizes defendants from liability for injuries caused by the administration of a rubella vaccine to a pregnant high school student. The Appellate Division, in a published opinion, found the defendants were immune...

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