FORNAROTTO v. CLARA MAASS MEM. HOSPITAL


118 N.J. Super. 316 (1972)

287 A.2d 459

NANCY FORNAROTTO, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF NICHOLAS FORNAROTTO FOR NICHOLAS FORNAROTTO, JR. AND AGNES FORNAROTTO, INFANTS, BY THEIR MOTHER AND GUARDIAN AD LITEM, AND NANCY FORNAROTTO, INDIVIDUALLY, PLAINTIFFS, v. CLARA MAASS MEMORIAL HOSPITAL AND VALENTINE ELECTRIC COMPANY, INC., DEFENDANTS. CLARA MAASS MEMORIAL HOSPITAL, THIRD PARTY PLAINTIFF-APPELLANT, v. FRANK BRISCOE COMPANY, INC., THIRD PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 1972.


Attorney(s) appearing for the Case

Mr. Kenneth J. Fost argued the cause for third party plaintiff-appellant (Messrs. Stevens & Mathias, attorneys).

Mr. Jeffrey H. Fisch argued the cause for third-party defendant-respondent (Messrs. Levy, Schlesinger & Breitman, attorneys).

Before Judges CONFORD, MATTHEWS and FRITZ.


PER CURIAM.

Our disposition of the several issues argued is as follows.

First, the parties at oral argument have agreed that the third-party claim, although pursued in the name of the hospital, is really for the benefit of Hartford Insurance Company, general insurer of the hospital, which defended the death action for the hospital and incurred the costs and expenses now in contention. We accept this fact for purposes of the determination herein, and reject...

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