MEJIA v. QUEST DIAGNOSTICS, INC.

A-88 September Term 2018 082739.

228 A.3d 456 (2020)

241 N.J. 360

Samuel MEJIA, Individually and as Administrator and Administrator ad Prosequendum of the Estate of Tania Mejia, Plaintiffs-Respondents, v. QUEST DIAGNOSTICS, INC., Teresita Lanio, Linda Pham, Simon B. Santos, M.D., and Simon B. Santos Medical Group, LLC, Defendants. Quest Diagnostics, Inc., Teresita Lanio and Linda Pham, Third-Party Plaintiffs, v. Jacinto Fernandez, M.D., Third-Party Defendant-Appellant, and Simon B. Santos, M.D., Third-Party Defendant. Samuel Mejia, Individually and as Administrator and Administrator ad Prosequendum of the Estate of Tania Mejia, Plaintiffs-Respondents, v. Quest Diagnostics, Inc., Teresita Lanio, Linda Pham, Simon B. Santos, M.D., and Simon B. Santos Medical Group, LLC, Defendants. Quest Diagnostics, Inc., Teresita Lanio, and Linda Pham, Third-Party Plaintiffs, v. Jacinto Fernandez, M.D., and Simon B. Santos, M.D., Third-Party Defendants.

Supreme Court of New Jersey.

Decided March 16, 2020.


Attorney(s) appearing for the Case

William L. Brennan argued the cause for appellant (The Law Office of William L. Brennan, attorneys; William L. Brennan , of counsel and on the brief, and John G. Kilbride , Mary Grace Callahan , and Abbey True Harris , on the brief).

Brian E. Mahoney argued the cause for respondents (Blume, Forte, Fried, Zerres & Molinari, attorneys; Carol L. Forte , of counsel, and Brian E. Mahoney , Chatham, on the briefs).

Eric S. Poe argued the cause for amicus curiae New Jersey Physicians United Reciprocal Exchange (Eric S. Poe, attorneys; Eric S. Poe , of counsel and on the brief).

Anthony Argiropoulos argued the cause for amicus curiae New Jersey Doctor-Patient Alliance (Epstein Becker & Green, attorneys; Anthony Argiropoulos , Princeton Township, of counsel and on the brief).

E. Drew Britcher argued the cause for amicus curiae New Jersey Association for Justice (Britcher Leone, attorneys; E. Drew Britcher , of counsel and on the brief, and Jessica E. Choper , Glen Rock, on the brief).

Philip S. Goldberg submitted a brief of behalf of amici curiae American Medical Association and Medical Society of New Jersey (Shook, Hardy & Bacon, attorneys; Philip S. Goldberg , on the brief).


In this case, the Court must decide whether a third-party defendant, facing only claims for contribution and common-law indemnification from an original defendant that did not file an affidavit of merit against him, must participate in the trial establishing the underlying liability.

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