981 F. Supp. 2d 292
D.N.J.2013Background
- Tracy Hottenstein fell from a public dock while intoxicated on Feb 15, 2009, and was found dead the next morning.
- Atlanticare MICU medics (Base 3) were dispatched solely to pronounce death; they did not gain physical access because the scene was treated as a crime scene.
- Paramedic Michael Senisch called Dr. Zaki Khebzou at the Atlanticare base; Khebzou pronounced Tracy dead by telephone at 8:22 a.m.
- Defendants are nonprofit hospital entities (Atlanticare Regional Medical Center and Atlantic City Medical Center) organized for hospital/charitable purposes and so certified in corporate documents.
- Plaintiffs sued for wrongful death/survivorship; defendants moved to limit negligence damages under the New Jersey Charitable Immunity Act to $250,000.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Atlanticare qualifies for Charitable Immunity as nonprofit hospitals | Hottenstein argued defendants should not get the cap because their role at the scene (only a pronouncement) did not make Tracy a beneficiary | Atlanticare showed corporate documents and certifications that they are nonprofit hospitals organized for hospital purposes | Court held Atlanticare met the organizational element; they are nonprofit hospitals eligible for the Act |
| Whether pronouncement of death confers beneficiary status (and thus damages cap) / whether gross negligence exception applies | Plaintiffs argued that because defendants only pronounced death and did not render care, Tracy was not a beneficiary; also alleged gross negligence (which would negate immunity) | Defendants argued pronouncement is an activity within hospital/physician responsibilities and thus falls within charitable purposes; Plaintiffs failed to identify record evidence of gross negligence | Court held that a pronouncement is within the hospitals’ charitable purposes and makes Tracy a beneficiary, so the damages cap applies; Plaintiffs failed to substantiate gross negligence, so that issue was not reached |
Key Cases Cited
- Orzech v. Fairleigh Dickinson Univ., 411 N.J. Super. 198 (App. Div.) (instruction to liberally construe "beneficiary" under Charitable Immunity Act)
- Hehre v. DeMarco, 421 N.J. Super. 501 (App. Div.) (beneficiary status focuses on whether institution was performing its charitable objectives)
- Anasiewicz v. Sacred Heart Church, 74 N.J. Super. 532 (App. Div.) (beneficiary status does not require that claimant personally receive a benefit)
- Hottenstein v. Sea Isle City, 793 F. Supp. 2d 688 (D.N.J.) (earlier opinion discussing factual background of Tracy Hottenstein’s activities)