ANN E. COSGROVE AND ALLEN COSGROVE, HER HUSBAND, PLAINTIFFS-APPELLANTS,
v.
H. DAVID LAWRENCE, DEFENDANT-APPELLANT, AND STATE OF NEW JERSEY DEPARTMENT OF INSTITUTIONS AND AGENCIES, DEFENDANT, AND COUNTY OF SOMERSET AND RICHARD HALL COMMUNITY HEALTH CENTER, DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued February 4, 1987.
Decided March 10, 1987.
Attorney(s) appearing for the Case
Karen Ann Kubulak argued the cause for appellants Ann E. Cosgrove and Allen Cosgrove (Garruto, Galex & Cantor, attorneys; Bryan D. Garruto, of counsel).
William W. Voorhees, Jr., argued the cause for appellant H. David Lawrence (Voorhees & Stein, attorneys; William W. Voorhees and Diane M. Acciavatti, on the brief).
Michael S. Feldman argued the cause for respondents County of Somerset and Richard Hall Community Mental Health Center (Ozzard, Rizzolo, Klein, Mauro, Savo & Hogan, attorneys; Michael S. Feldman and Arthur D. Fialk, on the brief).
Before Judges FURMAN, DREIER and STERN.
Superior Court of New Jersey, Appellate Division.
PER CURIAM.
We affirm substantially for the reasons stated by Judge Arnold in his opinion published at 214 N.J.Super. 670 (1986) (decided Aug. 15, 1986). We differ with Judge Arnold only in that we would rest our decision primarily on defendants' immunity from vicarious liability in accordance with the definition of "scope of employment" in Restatement, Agency 2d § 228(1)(a) at 504 (1958):
(1) Conduct...
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