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WEISS v. GOLDFARB

154 N.J. 468 (1998)

713 A.2d 427

NANCY WEISS, EXECUTRIX OF THE ESTATE OF RUSSELL M. WOOD, AND NANCY WEISS, EXECUTRIX OF THE ESTATE OF CHRISTINE WOOD, AND ROBERT E. WOOD, INDIVIDUALLY AND NANCY WEISS, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. IRVIN GOLDFARB, M.D.; W.R. CHENITZ, M.D.; BASSAM HADDAD, M.D.; MARY LEE DOE, R.N. (A FICTITIOUS NAME); GUY DOE, R.N. (A FICTITIOUS NAME); JANE SMITH, R.N. (A FICTITIOUS NAME); DONALD RUBINSTEIN, M.D.; AMER AL-ZARKA, M.D.; ADOLF SENFT, M.D.; CECIL MATTHEWS, M.D.; EDWARD MANZELLA, M.D.; MICHAEL GUMA, M.D.; A. JOSEPHINE VILLANUEVA, R.N.; A. JOSE DAIRO, L.P.N.; LILY MATULAC, R.N.; R. BARCELONA, R.N.; AND JANE MOE I-V (A FICTITIOUS NAME), DEFENDANTS, AND ST. MICHAEL'S MEDICAL CENTER AND ANGELINA FORSHAGE, R.N., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 16, 1998.

Attorney(s) appearing for the Case

Patrick J. Hughes, argued the cause for appellants (Connell, Foley & Geiser, attorneys; Ernest W. Schoellkopff, on the briefs).

Arthur L. Raynes, argued the cause for respondents (Wiley, Malehorn and Sirota, attorneys).

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

The issue raised in this medical malpractice case is whether a jury should receive an ultimate outcome instruction that, at the time of the alleged malpractice, the Charitable Immunity Act, N.J.S.A. 2A:53A-8, limited a hospital's liability to no more than $10,000. The trial court declined to give such an instruction. The Appellate Division in a published opinion concluded that the instruction should have...

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