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WILLIS v. ASHBY

801 A.2d 442 (2002)

353 N.J. Super. 104

Lisa WILLIS, individually and as Administratrix Ad Prosequendum of the Estate of Baby Girl (Aubree Leanna) Willis & David Willis, individually and as Husband of Lisa Willis and father of Baby Girl Willis, Plaintiffs-Appellants, v. Eve ASHBY, D.O.; Elias Nemeh, M.D.; Miguel Fernandez, D.O.; Kennedy Memorial Hospital/University Medical Center; and University of Medicine and Dentistry of New Jersey, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 9, 2002.

Attorney(s) appearing for the Case

Jeffrey M. Keiser, Haddonfield, argued the cause for appellants.

Thomas F. Marshall, Mount Holly, argued the cause for respondents University of Medicine and Dentistry of New Jersey, Eve Ashby, D.O., Elias Nemeh, M.D., and Miguel Fernandez, D.O.

Elena B. Zuares, Marlton, argued the cause for respondent Kennedy Memorial Hospital/University Medical Center (Parker, McCay & Criscuolo, attorneys; Stacy L. Moore, Jr., of counsel; Ms. Zuares, on the brief).

E. Drew Britcher, Morristown, argued the cause for amicus curiae ATLA-NJ (Britcher, Leone & Roth, attorneys; Mr. Britcher and Jessica Choper, Trenton, on the brief).

Before Judges KING, CUFF and WINKELSTEIN.

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

This is an appeal from a summary judgment order dismissing a complaint for damages by parents of a stillborn child against physicians employed by the State and a "public entity" hospital. The Law Division judge ruled that this claim did not satisfy the Tort Claims Act (TCA) threshold for pain and suffering damages: "permanent loss of bodily function, permanent disfigurement or dismemberment." N.J.S.A.

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