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UNIVERSITY OF MA v. CHRISTODOULOU

823 A.2d 51 (2003)

360 N.J. Super. 313

UNIVERSITY OF MASSACHUSETTS MEMORIAL MEDICAL CENTER, INC., and University of Massachusetts Group Practice, Plaintiffs-Respondents, v. Mario S. CHRISTODOULOU (deceased) by his representative Steve CHRISTODOULOU, Auto Action Land, Inc., Granite State Insurance Company, AIG Claim Services, Inc., and Goldberger, Seligsohn and Shinrod, Esqs., Defendants-Appellants, The Travelers Insurance Co., Fitzpatrick, Reilly, Supple and Gaul, Esqs., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided April 16, 2003.

Attorney(s) appearing for the Case

Robert A. Vort, Hackensack, argued the cause for appellants Estate of Mario S. Christodoulou (deceased), Steve Christodoulou and Goldberger, Seligsohn and Shinrod (Pearce, Vort & Fleisig, attorneys; Mr. Vort, on the brief).

John S. Fitzpatrick, New Providence, argued the cause for appellants Auto Action Land, Inc., Granite State Insurance Co. and AIG Claim Services (Fitzpatrick, Reilly, Supple & Gaul, attorneys; Kathleen A. Hart, of counsel; Mr. Fitzpatrick, on the brief).

Richard Dingle, argued the cause for respondents (Doyle & Brady, attorneys, Kearny; Mr. Ringle, on the brief).

Before Judges STERN, COBURN and COLLESTER.

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

This is a common law action by medical providers for the reasonable value of medical services that were at issue in a workers' compensation case. It also includes a cross-claim by the compensation petitioner against the compensation respondent for indemnification with respect to the medical bills and for counsel fees in defending against the medical providers' action.

The primary issue is whether the...

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