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HAWKSBY v. DePIETRO

754 A.2d 1168 (2000)

165 N.J. 58

Donald HAWKSBY and Joanna Hawksby, his wife, Plaintiffs-Appellants, v. Joseph A. DePIETRO, M.D., Defendant-Respondent, and Walter Urs, M.D., Matthew Garfinkel, M.D., William H. Ross, D.O., Metuchen Orthopaedic Group, John Doe, M.D. 1-50, Jane Doe, M.D. 1-50, John Doe, R.N. 1-50, Jane Doe, R.N. 1-50, John Doe 1-50, Jane Doe 1-50 and John Doe Corp. 1-50, (Fictitious Names), Defendants.

Supreme Court of New Jersey.

Decided July 25, 2000.

Attorney(s) appearing for the Case

E. Drew Britcher, Morristown, for plaintiffs-appellants (Leonard & Butler, attorneys).

Francis E. Borowsky, Jr., for defendant-respondent (Monte, Sachs & Borowsky, attorneys; Mr. Borowsky and Michelle A. Monte, Sea Girt, on the brief).

Anthony C. Famulari, Newark, submitted a brief on behalf of amicus curiae New York Times, Co. (Carpenter, Bennett & Morrissey, attorneys; Jennifer L. Kapell, on the brief).

Christopher B. Leitner, Oakhurst, submitted a brief on behalf of amicus curiae Donald Hawksby as Workers' Compensation Petitioner (Shebell & Shebell, attorneys; Raymond P. Shebell of counsel)

The opinion of the Court was delivered by COLEMAN, J.

This case revisits the issue of whether there should be tort liability for co-employee physicians. The question raised is whether a doctor who is also an employee of an injured worker's employer may be sued in the Law Division for medical malpractice for allegedly injuring that worker while providing authorized medical treatment for a compensable accident. The Law Division held that the action was precluded based...

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