SMITH v. MOUSTIATSE


907 A.2d 449 (2006)

388 N.J. Super. 273

Michelle SMITH, Plaintiff, v. Adelia MOUSTIATSE, Michael S. Badin, James Paolino, Liberty Health Care Systems d/b/a Greenville Hospital and John Doe I through X (a person whose identity is presently unknown at this time, jointly or in the alternative), Defendants.

Superior Court of New Jersey, Law Division, Hudson County.

Decided March 3, 2006.


Attorney(s) appearing for the Case

Frank J. Nostrame, Jersey City, for plaintiff.

William J. Buckley, for defendant, Michael Badin, M.D. (Pisciotti & Malsh, attorneys).


BARISO, J.S.C.

The issue in this case, whether a tortfeasor is responsible for prejudgment interest on the part of any judgment in excess of the $300,000 limit on the Guaranty Association's liability, presents a matter of first impression. Although the recent decision of Johnson v. Braddy, 376 N.J.Super. 215, 869 A.2d 964 (App.Div. 2005), aff'd 186 N.J. 40

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