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GIANNI v. COUNTY OF BERGEN

251 N.J. Super. 486 (1991)

598 A.2d 933

ANTHONY J. GIANNI, JR., EXECUTOR OF THE ESTATE OF PAUL A. GIANNI, ANTHONY J. GIANNI, JR., INDIVIDUALLY AND CATHERINE GIANNI, PLAINTIFFS-RESPONDENTS, v. COUNTY OF BERGEN, BERGEN COUNTY BOARD OF CHOSEN FREEHOLDERS, BERGEN PINES COUNTY HOSPITAL, NATIONAL MEDICAL ENTERPRISES, SUSAN KELLY, R.N., ANN CAMPAGNA, R.N., DOROTHY ROLAND, R.N., ALICE KRIEGER, R.N., AND GEORGETTE LASEU, L.P.N., DEFENDANTS-APPELLANTS, AND JOSEPH ZIMMERMAN, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided November 8, 1991.

Attorney(s) appearing for the Case

Wendy Ezor-Engler argued the cause for appellant Bergen County Board of Chosen Freeholders (Gallo, Geffner, Fenster, attorneys; Wendy Ezor-Engler, on the brief).

Robert J. Maloof argued the cause for appellant Bergen Pines County Hospital (Hein, Smith, Berezin, Maloof & Spinella, attorneys; Milton Gurny, on the brief).

Matthew R. Kiffin argued the cause for appellant National Medical Enterprises (Widman & Cooney, attorneys; Matthew R. Kiffin, on the brief).

Albert H. Wunsch III argued the cause for respondent (Michael Maggiano & Associates, attorneys; Albert H. Wunsch, on the brief).

No other parties participated in this appeal.

Before Judges PETRELLA, R.S. COHEN and ARNOLD M. STEIN.

The opinion of the court was delivered by PETRELLA, P.J.A.D.

Defendants-appellants appeal on leave granted from an order of the Law Division which denied summary judgment under the immunity provisions of N.J.S.A. 59:6-7(b) of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. This appeal does not involve defendant Joseph Zimmerman.

Paul Gianni had voluntarily committed himself to Bergen Pines County Hospital (BPCH) on March 23, 1986...

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