KEMP EX REL. WRIGHT v. State, County of Burlington

OPINION

The opinion of the Court was delivered by

COLEMAN, Justice.

The primary issue in this appeal is whether either of two statutory provisions, N.J.SA. 59:6-4- of the Tort Claims Act (“TCA”) or N.J.S.A. 26:11-12 (now repealed), immunizes defendants from liability for injuries caused by the administration of a rubella vaccine to a pregnant high school student. The Appellate Division, in a published opinion, found the defendants were immune under both statutes. 286 N.J.Super. 549, 670 A.2d 31 (1996). We granted certification, 144 N.J. 586, 677 A.2d 759 (1996), and now reverse.

I

During the…