Winters v. City of Jersey

Lynch, J. A. D.

(concurring in part and dissenting in part). I respectfully dissent from that part of the majority opinion which holds that the “limited immunity” statute (N. J. S. A. 2A:53A-8, applicable to the operation of hospitals), applies to the defendant City of Jersey City. Tn all other respects, I concur.

The foundation of defendant’s argument as to “limited immunity” is the decision in Muntz v. Newark City Hospital, 115 N. J. Super. 273 (App. Div. 1971), which was followed in Tramutola v. Bortone, 118 N. J. Super. 503 (App. Div.) certif. granted 60 N. J. 513 (1972).

In Muntz, the court…