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RICH v. STATE

171 N.J. Super. 91 (1979)

407 A.2d 1281

MARIE RICH, ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE ESTATE OF JOHN RICH, PLAINTIFF, v. STATE OF NEW JERSEY, COLLEGE OF MEDICINE AND DENTISTRY OF NEW JERSEY, A/K/A MARTLAND HOSPITAL, SUE BROWN, ADMINISTRATOR, PATRICIA BERFORD, WALLACE CALDWELL AND TITUS ANGEULO, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided October 12, 1979.

Attorney(s) appearing for the Case

Mr. Althear A. Lester for plaintiff (Messrs. Lofton & Lester, attorneys).

Mr. Thomas F. Marshall, Deputy Attorney General, for defendant (Mr. John J. Degnan, Attorney General, of New Jersey, attorney).

O'NEIL, J.S.C.

A post-judgment motion requires interpretation of a previously unconstrued section of the 1972 Tort Claims Act, N.J.S.A. 59:9-5, which provides that

In any action brought against a public entity or a public employee under this act, the court may, in its discretion, award a successful claimant (a) costs ordinarily allowable in the private sector (b) expert witness fees not exceeding a total of $100.00 and (c) reasonable attorney's fees...

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