Search Rutgers Law Library N.J. Court Opinions

1 Carol Ann Conforti v. County of Ocean -- rank: 1000

... was therefore immune from liability under provisions of the TCA, N.J.S.A. 59:6-4, -5, and -6. The trial court refused to dismiss plaintiffâ ... 6-1 does not restrict the substantive immunities granted in N.J.S.A. 59:6-4, -5, or -6, which are also not “superseded in ... at trial, that falls outside of any immunities granted by N.J.S.A. 59:6-4, -5, and -6. The jury could reasonably have 2 concluded ... was immunized by three separate substantive provisions of Chapter Six: N.J.S.A. 59:6-4, which grants absolute immunity for a public entity or public ... County defendants were negligent beyond any immunities possibly granted by N.J.S.A. 59:6-4, -5, and -6, the trial court was correct to refuse ... a public entity or public employee was held immunized by N.J.S.A. 59:6-4, -5, or -6, and the Court does not reach ...

docket:	a-1-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-10
status:
citation:
Document Size:	156089

2 Parsons v. Mullica Township Board of Education -- rank: 945

... pursuant to the New Jersey Tort Claims Act (“TCA”), N.J.S.A. 59:6-4, for failure to report the results of a preventative public ... Defendants argued that they were immunized pursuant to the TCA, N.J.S.A. 59:6-4, which provides immunity to public entities and their employees for ... of a physical examination, and therefore, are afforded immunity under N.J.S.A. 59:6-4. Plaintiffs countered that the failure to communicate the results of ... the physical examination fell outside the purview of immunity under N.J.S.A. 59:6-4. The trial court denied defendants’ motion for summary judgment, finding that N.J.S.A. 59:6-4 did not immunize the nurse for failing to timely notify ... the examination. The exceptions plaintiffs sought to carve out of N.J.S.A. 59:6-4 would excise from such examinations their necessary concluding step. ...

docket:	a-69-14
court:	New Jersey Supreme Court
decided:	2016-08-17
status:
citation:
Document Size:	74952

3 RACHEL A. PARSONS v. MULLICA TOWNSHIP BOARD OF EDUCATION -- rank: 941

... sue on their own behalf. Because defendants are immune under N.J.S.A. 59:6-4, we must reverse and remand. I. For purposes of summary ... motion for summary judgment, claiming that they were immune under N.J.S.A. 59:6-4, and that Grasso was also immune under N.J.S ... We next address defendants' claim that they are immune under N.J.S.A. 59:6-4 of the TCA. In 1972, the Legislature adopted the TCA ... of the [TCA]"). The Supreme Court in Kemp found that " N.J.S.A. 59:6-4 of the TCA is consistent with that policy," because N.J.S.A. 59:6-4 establishes a "general rule of absolute immunity." Kemp , supra , 147 N.J. at 300. N.J.S.A. 59:6-4 provides: Except for an examination or diagnosis for the ...

docket:	a0643-14
court:	NJ Superior Court Appellate Division
decided:	2015-03-30
status:	published
citation:	440 N.J.Super. 79 111 A.3d 144
Document Size:	62443

4 Kemp v. State of New Jersey -- rank: 806

... Court.      The primary issue in this appeal is whether either N.J.S.A. 59:6-4 of the Tort Claims Act (“TCA”) or N.J.S ... moved for summary judgment on several grounds, including immunity under N.J.S.A . 59:6-4 (excepting a public entity from the grant of absolute immunity ... discretion”). The trial court denied summary judgment, finding that neither N.J.S.A. 59:6-4 nor N.J.S.A . 26:11-12 immunized defendants ... judgment on the basis of the absolute immunity provided by N.J.S.A. 59:6-4 as the pre-vaccination examination in this case was an ... the group of public health examinations exempt from liability under N.J.S.A. 59:6-4. (pp. 10-12) 3. The fact that the TCA did ... 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. ...

docket:	a-41-96
court:	njsupreme
decided:	1997-01-14
status:
citation:	144 N.J. 586
Document Size:	66215

5 DELISHA KEMP, A MINOR, BY PARENT AND NATURAL GUARDIAN, DEBRA WRIGHT AND DEBRA WRIGHT IN HER OWN RIGHT V. STATE OF NEW JERSEY COUNTY OF BURLINGTON, RIVERSIDE BOARD OF EDUCATION, AND RIVERSIDE HIGH SCHOOL -- rank: 657

... for summary judgment on several grounds, including the immunities under N.J.S.A. 59:6-4 and N.J.S.A. 26:11-2 (now repealed ... and now reverse. See footnote 2 I     We first consider N.J.S.A. 59:6-4 which states:             Except for an examination or diagnosis for the ... the exception for examinations conducted "for the purpose of treatment," N.J.S.A. 59:6-4 applies to examinations conducted "for the purpose of determining whether ... Cal. Gov't Code §855.6, California's counterpart to N.J.S.A. 59:6-4, did not apply to examination by State biologist of a ... to his release).     We consider as well the Comment to N.J.S.A. 59:6-4 that describes the immunity as pertaining not only to the ... inadequate falls within the scope of the immunity provided by N.J.S.A. 59:6-4.     We next consider whether, nonetheless, the exception contained therein ...

docket:	a6252-94
court:	njappellate
decided:	1996-01-17
status:	published
citation:	286 N.J.Super. 549
Document Size:	39802

6 CAROL ANN CONFORTI v. COUNTY OF OCEAN -- rank: 629

... not a 'medical facility' given immunity for certain actions under N.J.S.A. 59:6-4, -5, and -6. Medical facilities were limited to 'a hospital ... defendants contend that they were entitled to absolute immunity under N.J.S.A. 59:6-4 (failure to make physical or mental exam), N.J.S ... Kenneth's mental condition, not the County defendants. And because N.J.S.A. 59:6-4 provides immunity for medical services to a very specific set ... Div. 2015) (holding that except for the purpose of treatment, N.J.S.A. 59:6-4 provides immunity to public entities and public employees involving inadequate ...

docket:	a0817-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-02
status:	Unpublished
citation:
Document Size:	50088

7 JAYSON SUGDEN v. ESTATE OF STEVEN LEFRAK M.D. -- rank: 555

... complaint, asserting its immunity under the Tort Claims Act, specifically N.J.S.A. 59:6-4, which provides immunity to public entities for injuries caused by ... treatment, taking it out of the immunity otherwise provided by N.J.S.A. 59:6- -4 for the failure to conduct 'an adequate physical or mental ... administered to further the public health of students pursuant to N.J.S.A. 59:6- 4,' the judge held the Department possessed 'absolute immunity' under the ... tuberculosis examinations' included in the 1972 Task Force Comment to N.J.S.A. 59:6-4, 27 (1985) (noting a party's entitlement to immunity is ... exception for 'examination or diagnosis for the purpose of treatment.' N.J.S.A. 59:6-4. Judge Quinn found the statutory language in N.J.S ... the holding in Parsons 'that an 'adequate physical examination' under N.J.S.A. 59:6-4 includes reporting the results of the examination' and thus ' ...

docket:	a2585-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-21
status:	Unpublished
citation:
Document Size:	15825

8 IN THE MATTER OF THE APPLICATION OF ONCOLOGY AND HEMATOLOGY SPECIALISTS, P.A. TO OPERATE A PHARMACY IN THE STATE OF NEW JERSEY -- rank: 425

... entity enjoyed immunity from liability under the Tort Claims Act, N.J.S.A. 59:6-4. 147 N.J. at 297, 299. The statute provided public ...

docket:	a2080-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-22
status:	Unpublished
citation:
Document Size:	45404

9 JOSEPH BERNSTEIN v. STATE OF NEW JERSEY -- rank: 396

... population, the court opined that "[t]he treatment exception in N.J.S.A. 59:6-4, does not apply here because the plaintiffs are not claiming ...

docket:	a1601-08
court:	superior court appellate division
decided:	2010-01-11
status:	published
citation:	411 N.J. Super. 316 986 A.2d 22
Document Size:	110588

10 LISA WILLIS, et al. v. EVE ASHBY, D.O. et al. -- rank: 279

... employee is entitled to any of the TCA's immunities. N.J.S.A. 59:6-4 (emphasis added).] See Kemp by Wright v. State, County of ...

docket:	a6170-00
court:	njappellate
decided:	2002-07-09
status:	published
citation:	353 N.J. Super. 104
Document Size:	17113