D.D. v. UMDNJ

A-29/30 September Term 2011, 068812

61 A.3d 906 (2013)

213 N.J. 130

D.D., Plaintiff-Respondent, v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY; Rutgers, The State University of New Jersey, Defendants-Appellants.

Supreme Court of New Jersey.

Decided March 12, 2013.


Attorney(s) appearing for the Case

Nicholas F. Pellitta , Bridgewater, argued the cause for appellant Rutgers, The State University of New Jersey (Norris McLaughlin & Marcus, attorneys; Mr. Pellitta and Edward G. Sponzilli , Bridgewater, of counsel; Mr. Pellitta , Mr. Sponzilli , and Bradford W. Muller , on the briefs).

Stuart M. Feinblatt , Assistant Attorney General, argued the cause for appellant University of Medicine and Dentistry of New Jersey ( Jeffrey S. Chiesa , Attorney General of New Jersey, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Peter D. Wint , Assistant Attorney General, on the briefs).

Susan Schleck Kleiner argued the cause for respondent (Ms. Kleiner and Erin P. Drew , on the brief).

E. Drew Britcher , Glen Rock, submitted a brief on behalf of New Jersey Association for Justice (Britcher, Leone & Roth, attorneys; Mr. Britcher and Jessica E. Choper , Glen Rock, on the brief).


Justice HOENS delivered the opinion of the Court.

The New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to :12-3, is the statutory mechanism through which our Legislature effected a waiver of sovereign immunity. That waiver is not unlimited, but is bound by the Legislature's declaration of purpose, see N.J.S.A. 59:1-2, and enforced through the application of numerous express limitations embodied in the statute's provisions. Although the legislative declaration...

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