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Case Law - save on Lexis / WestLaw. Original MSWord Version This case can also be found at 172 N.J. 240, 798 A.2d 51.
SYLLABUS Argued January 2, 2002 -- Decided May 29, 2002 LONG, J., writing for a majority of the Court.
In this appeal, the Court considers an issue of first impression in which
it must decide whether New Jerseys Good Samaritan Act, N.J.S.A. 2A:62A-1, can be
invoked to immunize a hospital physician who assists a patient at the hospital
during a medical emergency.
Dr. Ranzini had no prior relationship with or connection to Mrs. Velazquez. Dr.
Ranzini was an Assistant Professor of Clinical Obstetrics and Gynecology at the University
of Medicine and Dentistry of New Jersey (UMDNJ), assigned to the Maternal Fetal
Care Unit (MFCU) at the Medical Center. She specializes in maternal fetal medicine
and was responsible both for attending to high-risk patients in the MFCU and
for supervising resident physicians who cared for their own UMDNJ clinical patients at
the Medical Center. Mrs. Velazquez was neither an MFCU nor a clinical patient.
Rather, she was the patient of Dr. Jininez, an attending physician with staff
privileges at the Medical Center.
After unsuccessfully attempting to complete the delivery vaginally, Dr. Ranzini assisted in preparing
Mrs. Velazquez and the baby (who was, by virtue of his position, at
risk of suffering from a loss of oxygen) for an emergency Caesarean section.
The baby, Conor, ultimately was born severely brain damaged, spent his life in
a dependent state and died of pneumonia before reaching the age of three.
At trial, Mr. and Mrs. Velazquezs experts testified that Dr. Ranzini deviated from
the standard of care. Dr. Ranzinis experts testified that her conduct conformed to
all applicable medical standards and that Conors condition resulted from the negligence of
Dr. Jiminez. The jury returned a verdict in favor of Mr. and Mrs.
Velazquez and assigned three percent liability to Dr. Ranzini. The trial court, on
its own, entered judgment notwithstanding the verdict (j.n.o.v.) in favor of Dr. Ranzini,
holding that her liability could not be regarded as a substantial factor in
the harm that resulted to Conor. In so ruling, the trial court reiterated
that the Good Samaritan Act did not operate to insulate Dr. Ranzini from
suit.
Dr. Ranzinis cross-appeal on the ground that, as a matter of law, the
Good Samaritan Act does not apply to physicians working within a hospital.
HELD : New Jerseys Good Samaritan Act, N.J.S.A. 2A:62A-1, encompasses only those situations in
which a physician or other volunteer comes, by chance, upon a victim who
requires immediate emergency medical care, at a location compromised by lack of adequate
facilities, equipment, expertise, sanitation and staff, and does not provide immunity to a
hospital physician who assists a patient at the hospital during a medical emergency.
1. Under the common law, a bystander had no duty to provide affirmative
aid to an injured person, even if he or she had the ability
to do so. However, once a bystander endeavored to help, the common law
recognized a duty to do so reasonably, and the volunteer could be held
liable for injuries caused by his or her negligent assistance. (pp. 7-9)
2. The goal of Good Samaritan legislation is to encourage the rendering of
medical care to those who need it but otherwise might not receive it,
by persons who come upon such victims by chance, without the accoutrements provided
in a medical facility, including expertise, assistance, sanitation, or equipment. (pp. 9-12)
3. Although all fifty states and the District of Columbia have enacted some
form of Good Samaritan legislation, the legislation of no two states are alike
due, in part, to disparate policies behind their enactment. The countrys Good Samaritan
statutes fall into three categories: those that expressly exclude hospital care; those that
expressly include hospital care; and those, like New Jerseys, that contain no explicit
provision one way or the other. (pp. 12-19)
4. The few judicial decisions interpreting the category of statutes that neither expressly
excludes nor expressly includes in-hospital emergency medical care are in equipoise, the outcome
based, in great measure, on whether the statutes were broadly or narrowly interpreted.
(pp. 19-20)
5. If the language of a legislative enactment is clear, the sole function
of the courts is to enforce it according to its terms. When a
statute is subject to more than one plausible reading, the role of the
courts is to effectuate the legislative intent in light of the language used
and the objectives sought to be achieved. (pp. 21-22)
6. A statute enacted in derogation of the common law must be construed
narrowly and any doubt about its meaning should resolved in favor of the
effect that makes the least rather than the most change in the common
law. Coincident with that interpretative canon is New Jerseys tradition of giving narrow
range to statutes granting immunity from tort liability because they leave unredressed injury
and loss resulting from wrongful conduct. (pp. 22-23)
7. In its present form, New Jerseys Good Samaritan statute immunizes any Good
Samaritan who renders emergency care at the scene of an accident or emergency
to the victim, or while transporting the victim to a hospital or other
facility where treatment or care is to be rendered. (pp. 23-24)
8. Had the Legislature intended the immunity of the Act to be locationally
unlimited as urged by Dr. Ranzini, it simply could have said so, and
the Legislatures use of the limiting language, at the scene of an emergency,
evidences an intent to limit the immunity provided by the Good Samaritan statute.
Thus, the scene of an accident or emergency reasonably should be understood to
incorporate only those locations at which the provision of adequate and necessary medical
care is compromised by the existing conditions. This narrow interpretation does the least
violence to the common law right to institute tort actions against those whose
negligence injures them. (pp. 24-28)
10. The narrow holding in this case does not affect those common law
principles that govern the conduct of professionals
11. Because Dr. Ranzini rendered aid to Mrs. Velazquez in a fully equipped
and staffed hospital to which Mrs. Velazquez
had been admitted for the purpose of receiving medical care, the Good Samaritan
Act did not immunize her from suit.
Judgment of the Appellate Division is AFFIRMED.
JUSTICE VERNIERO has filed a separate dissenting opinion in which JUSTICE COLEMAN joins.
Justice Verniero believes that under that statute as written, a health-care professional in
a hospital who does not otherwise have a duty to act is entitled
to the same Good Samaritan protections as any other person. In his view,
the proper disposition would have been to remand the matter to the Law
Division to evaluate whether any physician agreements, hospital protocols, or regulations require a
broad imposition of a duty in these circumstances. Absent such a remand, Justice
Verniero would interpret the Good Samaritan Act consistent with what he discerns as
the legislative purpose to ensure that as many persons as possible respond to
a patients emergent needs.
CHIEF JUSTICE PORITZ and JUSTICES STEIN, LaVECCHIA, and ZAZZALI join in JUSTICE LONGs
opinion. JUSTICE VERNIERO has filed a separate dissenting opinion in which JUSTICE COLEMAN
joins.
SUPREME COURT OF NEW JERSEY A- 105 September Term 2000
CONOR VELAZQUEZ, an infant by his mother and natural guardian, CHARMAINE VELAZQUEZ, CHARMAINE
VELAZQUEZ, individually and as Administratrix of the Estate of CONOR VELAZQUEZ, and JOSE
VELAZQUEZ, individually and as Administrator of the Estate of CONOR VELAZQUEZ,
Plaintiffs-Respondents,
v.
TERESA JIMINEZ, M.D., ST. PETERS MEDICAL CENTER, ELLEN MAAK, R.N., JEANINE HEALY, R.N.,
and JOHN DOES, M.D.,
Defendants,
and
ANGELA C. RANZINI, M.D.,
Defendant-Appellant.
Argued January 2, 2002 Decided May 29, 2002
On certification to the Superior Court, Appellate Division, whose opinion is reported at
336 N.J. Super. 10 (2000).
Donald P. Jacobs argued the cause for appellant (Budd Larner Gross Rosenbaum Greenberg
& Sade, attorneys; Cynthia A. Walters, of counsel; Mr. Jacobs and Scott E.
Reynolds, on the briefs).
James M. Andrews argued the cause for respondents (Blank Rome Comisky & McCauley,
attorneys; Mr. Andrews, Michelle F. McGovern and James Llewellyn Matthews, on the brief).
In July 1994, Charmaine and Jose Velazquez (collectively, plaintiffs), individually and as representatives of the estate of their deceased son, Conor, sued St. Peters Medical Center (Medical Center) and its staff members, Teresa Jiminez, M.D., Angela C. Ranzini, M.D., Ellen Maak, R.N., Jeanine Healy, R.N., and unnamed residents, for damages resulting from their negligence during Conors delivery. Before trial, Dr. Jiminez, the Medical Center and the nurses settled with plaintiffs who, in turn, voluntarily dismissed the residents. Dr. Ranzini moved for summary judgment under the Good Samaritan Act, N.J.S.A. 2A:62A-1 to -2. The trial court denied the motion as a matter of law, holding that the Act does not immunize physicians responding to emergencies within a hospital. Dr. Ranzini went to trial alone. The facts established at trial are detailed in the Appellate Division opinion, Velazquez v. Jiminez, 336 N.J. Super. 10, 18-28 (2000), and are incorporated as if more fully set forth. Mrs. Velazquez was a patient at the Medical Center for the purpose of delivering a baby. Dr. Jiminez was her attending physician. Complications occurred during the delivery because Mrs. Velazquezs baby was suffering from bilateral shoulder dystocia (both of his shoulders were lodged against his mothers pubic bone). After delivering the babys head, Dr. Jiminez was unable to deliver the rest of the babys body. She rang for assistance and Dr. Ranzini responded. Dr. Ranzini had no prior relationship with or connection to Mrs. Velazquez. Dr. Ranzini was an Assistant Professor of Clinical Obstetrics and Gynecology at the University of Medicine and Dentistry of New Jersey (UMDNJ), assigned to the Maternal Fetal Care Unit (MFCU) at the Medical Center. She specializes in maternal fetal medicine and was responsible both for attending to high-risk patients in the MFCU and for supervising resident physicians who cared for their own UMDNJ clinical patients at the Medical Center. Mrs. Velazquez was neither an MFCU nor a clinical patient. Rather, she was the patient of Dr. Jiminez, an attending physician with staff privileges at the Medical Center. Dr. Ranzini first attempted to complete the delivery vaginally. When those efforts proved unsuccessful, Dr. Ranzini assisted in preparing Mrs. Velazquez and the baby -- who was, by virtue of his position, at risk of suffering from hypoxia (a loss of oxygen) -- for an emergency Caesarean section. The baby, Conor, ultimately was born severely brain damaged, spent his life in a dependent state and died of pneumonia before reaching his third birthday. As might be expected in a medical malpractice case, the trial essentially was a battle of experts. Plaintiffs experts testified that Dr. Ranzini deviated from the standard of care. Dr. Ranzinis experts testified, in essence, that her conduct conformed to all applicable medical standards and that Conors condition resulted from the negligence of Dr. Jiminez. The details of that testimony need not be recounted here because the issue before us is Dr. Ranzinis amenability to suit and not the substance of the care that she rendered. The jury returned a verdict in favor of plaintiffs and assigned three percent of the liability to Dr. Ranzini. The trial court, sua sponte, entered judgment notwithstanding the verdict (j.n.o.v.) in favor of Dr. Ranzini. The court ruled that under Scafidi v. Seiler, 119 N.J. 93 (1990), Dr. Ranzinis liability could not be regarded as a substantial factor in the harm that resulted to Conor. In so ruling, the court reiterated that the Good Samaritan Act did not operate to insulate Dr. Ranzini from suit. Plaintiffs appealed, challenging the j.n.o.v, among other trial errors. Dr. Ranzini cross-appealed from the trial courts ruling that the Good Samaritan Act did not immunize her from suit. The Appellate Division reversed the j.n.o.v. (an issue not before us) and rejected Dr. Ranzinis cross-appeal on the ground that, as a matter of law, the Good Samaritan Act does not apply to physicians working within a hospital. Velazquez, supra, 336 N.J. Super. at 16, 52. We granted Dr. Ranzinis petition for certification regarding the applicability of the Good Samaritan Act to emergencies involving a patient occurring within a hospital. 169 N.J. 604 (2001). II Dr. Ranzini argues that the Appellate Division erred in concluding that the protections of the Good Samaritan statute stop at the door of the hospital. According to her, the location of an emergency is of no consequence; a physician is immunized so long as he or she acts in the absence of a prior duty to do so. She further contends that the weight of out-of-state authority supports her interpretation, which she claims will encourage physicians to assist in a hospital emergency. Finally, she argues that she had no prior duty to Mrs. Velazquez and thus was entitled to the shield of N.J.S.A. 2A:62A-1 as a volunteer. Plaintiffs counter that Dr. Ranzinis construction of the Act is inconsistent with its plain meaning and legislative purpose. They contend that it would be illogical for the Legislature to have intended the original scene of an accident or emergency language to include care rendered in a hospital if, in 1987, it conferred an additional grant of immunity to Good Samaritans while they transport victims from the scene to the hospital. Plaintiffs additionally dispute that most other jurisdictions have immunized physicians in hospitals. Finally, plaintiffs assert that Dr. Ranzini had a pre-existing duty to assist Mrs. Velazquez. III The term Good Samaritan derives from a New Testament parable in which a Samaritan was the only passer-by to aid a man who had been left half dead by a group of thieves. Luke 10:30-37 (King James). See footnote 1 Although the Good Samaritan is viewed as a behavioral model, the common law devolved no duty on a bystander to provide affirmative aid to an injured person, even if he or she had the ability to do so. Lundy v. Adamar of New Jersey, Inc., 34 F.3d 1173, 1178 (3d Cir. 1994) (citing W. Page Keeton et al., Prosser and Keeton on the Law of Torts, § 56, at 375 (5th ed. 1984)); see also Malloy v. Fong, 232 P.2d 241, 247 (Cal. 1951) ([N]o one is obliged by law to assist a stranger, even though he can do so by a mere word, and without the slightest danger to himself.) (alteration in original) (quoting Silva v. Providence Hosp., 97 P.2d 798, 804 (Cal. 1939)); Hurley v. Eddingfield, 59 N.E. 1058, 1058 (Ind. 1901) (holding that only physician available in town not liable for refusing request to come to assist seriously ill person who subsequently died from lack of medical attention). However, once a bystander endeavored to help, the common law recognized a duty to do so reasonably, and the volunteer could be held liable for injuries caused by his or her negligent assistance. Malloy, supra, 232 P.2d at 247; cf. United States v. DeVane, 306 F.2d 182, 186 (5th Cir. 1962) (holding that Coast Guards decision to undertake or abandon rescue is discretionary, [b]ut having undertaken the rescue and engendering reliance thereon, the obligation arose to use reasonable care in carrying out the rescue). Dean Prosser aptly summarized the common law: The result of all this is that the Good Samaritan who tries to help may find himself mulcted in damages, while the priest and the Levite who pass by on the other side go on their cheerful way rejoicing. William L. Prosser, Handbook of the Law of Torts § 56, at 341-42 (4th ed. 1971). In fact, however, prior to 1959, there could be found no instance, in California or any other state, of a physician being sued for negligence in rendering aid at the scene of an emergency. Frank B. Mapel, III & Charles J. Weigel, II, Good Samaritan Laws--Who Needs Them?: The Current State of Good Samaritan Protection in the United States, 21 S. Tex. L. Rev. 327, 330 (1981) (citing Chayet, This Summer in Samaria, Emergency Med., June 1971, at 161-64); accord Stewart R. Reuter, M.D., J.D., Physicians as Good Samaritans, Should They Receive Immunity for their Negligence When Responding to Hospital Emergencies?, 20 J. Legal Med. 157, 164 (1999) ([A]ppellate court cases in which physicians have been sued for providing negligent, or even grossly negligent, emergency care at roadside accidents are nonexistent.). Nevertheless, in 1959, California became the first state to adopt a Good Samaritan statute immunizing from tort liability a physician who in good faith renders emergency care at the scene of the emergency. Mapel & Weigel, supra, 21 S. Tex. L. Rev. at 329 (quoting A.B. 2873, Cal. Stats. 1959, ch. 1507 (current version at Cal. Bus. & Prof. Code § 2395)). An early California decision explained the rationale underpinning Good Samaritan legislation: [The statutes] were enacted to aid the class of individuals though requiring immediate medical care were not receiving it. Typically, it was the roadside accident victim who, as a result of the strictures of the common law malpractice doctrines, was left uncared for. However, hospital patients, such as the decedent[,] have historically enjoyed the benefits of full medical attention. There is no need for special legislation to encourage physicians to treat this class of individuals. . . . . [The Good Samaritan] sections were directed towards physicians who, by chance and on an irregular basis, come upon or are called to render emergency medical care. Often, under these circumstances, the medical needs of the individual would not be matched by the expertise of the physician and facilities could be severely limited. . . . [Colby v. Schwartz, 78 Cal. App.3d 885, 892, 144 Cal. Rptr. 624, 628 (Cal. Ct. App. 1978).] Every scholar who has studied the subject agrees with that circumscribed description of the goals underlying Good Samaritan legislation. Reuter, supra, 20 J. Legal Med. at 189 (noting the difficulty that confronts the physician who stops at the site of a roadside accident, who can provide little more than first-aid until the EMS team arrives); Jennifer L. Groninger, Comment, No Duty to Rescue: Can Americans Really Leave a Victim Lying in the Street? What is Left of the American Rule, and Will it Survive Unabated?, 26 Pepp. L. Rev. 353, 364 (1999) (noting that Good Samaritan laws were enacted to encourage volunteerism of medical personnel who find themselves in rescue situations without proper equipment or sanitation) (footnote omitted); Bridget A. Burke, Using Good Samaritan Acts to Provide Access to Health Care for the Poor: A Modest Proposal, 1 Annals Health L. 139, 140 (1992) (These statutes were a result of legislators perceptions that highway accident victims would be ignored by potential rescuers because of the rescuers concerns about liability.); James W. Dyke, Jr., Note, The Duty to Aid One in Peril Good Samaritan Laws, 15 How. L.J. 672, 676 (1969) ([T]hese statutes attempt to regulate [situations] where . . . there is no medical or police help present to administer aid during the vital first few moments.); Note, Good Samaritans and Liability for Medical Malpractice, 64 Colum. L. Rev. 1301, 1307 (1964) (In a rescue operation, . . . the problem of proper treatment is aggravated by the absence of adequate facilities and equipment. Thus, in circumstances calling for urgent assistance, the doctor is especially reluctant to volunteer medical services and assume the substantial risk of malpractice liability.). In sum, Good Samaritan legislation has, at its core, the goal of encouraging the rendering of medical care to those who need it but otherwise might not receive it (ordinarily roadside accident victims), by persons who come upon such victims by chance, without the accoutrements provided in a medical facility, including expertise, assistance, sanitation or equipment. All fifty states and the District of Columbia have now enacted some form of Good Samaritan legislation. As of 1987, 117 statutes provide[d] varying degrees of immunity to different classes of rescuers under a multitude of settings. Reuter, supra, 20 J. Legal Med. at 157 (quoting Robert A. Mason, Good Samaritan Laws--Legal Disarray: An Update, 38 Mercer L. Rev. 1439, 1442 (1987)). Moreover, no two states are alike. This is in part due to disparate policies behind their enactment and in part because of the ambiguous terminology used in their manufacture. Mapel & Weigel, supra, 21 S. Tex. L. Rev. at 331 (footnote omitted). See also Eric A. Brandt, Comment, Good Samaritan Laws--The Legal Placebo: A Current Analysis, 17 Akron L. Rev./u>. 303, 304 (1983) ([M]any of the 109 Good Samaritan statutes effective today are so confusing and ambiguous that the people whom they are meant to protect either do not know that they are covered under a particular statute or cannot understand the extent of their protection.) (footnotes omitted). The countrys Good Samaritan statutes broadly can be classified as falling into one of three categories: those that expressly exclude hospital care; those that expressly include hospital care; and those, like New Jerseys, that contain no explicit provision one way or the other. Currently, eleven jurisdictions unequivocally exclude from statutory immunity emergency care rendered to patients within a hospital or other health care facility. Examples include D.C. Code Ann. § 7-401(a) (2001) (encompassing care rendered at the scene of an accident or other emergency in the District of Columbia outside of a hospital) (emphasis added); and N.Y. Educ. Law § 6527(2) (McKinney 2001) (referring to care rendered at the scene of an accident or other emergency, outside a hospital, doctors office or any other place having proper and necessary medical equipment) (emphasis added). See footnote 2 Conversely, Good Samaritan statutes in seven jurisdictions immunize emergency care provided in a hospital setting. See footnote 3 Alaska Stat. § 09.65.090(a) (Michie 2000) (immunizing [a] person at a hospital or any other location who renders emergency care) (emphasis added); Cal. Bus. & Prof. Code § 2395 (West 1990) (The scene of an emergency . . . shall include, but not be limited to, the emergency rooms of hospitals in the event of a medical disaster.) (emphasis added); Colo. Rev. Stat. Ann. § 13-21-108(1) (West 1997) (immunizing physician providing emergency care . . . to a person not presently his patient . . . at the place of an emergency or accident, including a health care institution) (emphasis added); Idaho Code § 39-1391c (1998) ([N]o physician [furnishing emergency medical care and treatment] nor any hospital where such care and treatment is provided shall be held liable . . . .); La. Rev. Stat. Ann. § 37:1731A(2)(a) (West 2000) (including physician responses within the hospital or facility) (emphasis added); Mich. Comp. Laws § 691.1502 (2001) (extending immunity to assistance rendered within a hospital or other licensed medical care facility) (emphasis added); Tex. Civ. Prac. & Rem. Code Ann. § 74.001(c) (West Supp. 2002) (providing immunity in a hospital to non-emergency room physician that is neither an admitting or attending physician of the patient nor a treating physician associated by the admitting or attending physician). See footnote 4 New Jersey is among twenty-nine states whose statutes fall within the third major category and contain general language that does not explicitly address whether in-hospital care can be shielded from liability under a Good Samaritan statute. By way of example, some statutes in that class immunize care provided at the scene of an accident or emergency to the victim or victims thereof, Ga. Code Ann. § 51-1-29 (2000); N.J.S.A. 2A:62A-1.1; at the scene of the emergency, Del. Code Ann. tit. 24, § 1767 (1997); at the scene of an accident, fire, or any life-threatening emergency, Va. Code Ann. § 8.01-225(A)(1) (Michie 2000); or at the scene of an accident, casualty, or disaster. Ala. Code § 6-5-332 (a) (Michie Supp. 2001). Pennsylvanias statute is more detailed and provides immunity to [a]ny physician or any other practitioner of the healing arts or any registered nurse, licensed by any state, who happens by chance upon the scene of an emergency or who arrives on the scene of an emergency by reason of serving on an emergency call panel or similar committee of a county medical society or who is called to the scene of an emergency by the police or other duly constituted officers of a government unit or who is present when an emergency occurs and who, in good faith, renders emergency care at the scene of the emergency . . . .
[42 Pa. Cons. Stat. Ann. § 8331(a) (West 1998) (emphasis added).] In interpreting a legislative enactment, the starting point is the language of the statute itself. If the language is clear, the sole function of the courts is to enforce it according to its terms. Hubbard ex rel. Hubbard v. Reed, 168 N.J. 387, 392 (2001) (quoting Sheeran v. Nationwide Mut. Ins. Co., 80 N.J. 548, 556 (1979) (quoting Caminetti v. United States, 242 U.S. 470, 485, 37 S. Ct. 192, 194, 61 L. Ed. 442, 452 (1917))). All terms in a statute should be accorded their normal sense and significance. Stryker Corp. v. Director, Div. of Taxation, 168 N.J. 138, 156 (2001). When a statute is subject to more than one plausible reading, our role is to effectuate the legislative intent in light of the language used and the objects sought to be achieved. State v. Hoffman, 149 N.J. 564, 578 (1997) (internal citations omitted). Primary regard must be given to the fundamental purposes for which the legislation was enacted. When all is said and done, the matter of statutory construction . . . will not justly turn on literalisms, technisms, or the so-called formal rules of interpretation; it will justly turn on the breadth of the objectives of the legislation and the commonsense of the situation. LaFage v. Jani, 166 N.J. 412, 431 (2001) (alteration in original) (quoting Jersey City Chap. Prop. Owners Protective Assn v. City Council, 55 N.J. 86, 100 (1969)). Further, a statute enacted in derogation of the common law must be construed narrowly. Oswin v. Shaw, 129 N.J. 290, 310 (1992)). Where a statute alters the common law, the most circumscribed reading of it that achieves its purpose is the one that should be adopted. Doubt about its meaning should be resolved in favor of the effect which makes the least rather than the most change in the common law. The rule has been declared by the United States Supreme Court, as follows: No statute is to be construed as altering the common law, farther than its words import. It is not to be construed as making any innovation upon the common law which it does not fairly express.
[Ibid. (quoting 3 Norman J. Singer, Sutherland Statutory Construction § 61.01, at 77 (4th
ed. 1986) (footnote omitted) (quoting Shaw v. Railroad Co.,
101 U.S. 557, 565,
25 L. Ed. 892, 894 (1880))).]
Coincident with that interpretive canon is our tradition of giving narrow range to
statutes granting immunity from tort liability because they leave unredressed injury and loss
resulting from wrongful conduct. Harrison v. Middlesex Water Co.,
80 N.J. 391, 401
(1979) (construing strictly landowners immunity statute). See also Renz v. Penn Cent. Corp.,
87 N.J. 437, 457-58 (1981) (holding that railroad immunity act should be strictly
construed); Immer v. Risko,
56 N.J. 482, 487-88 (1970) (construing strictly marital immunity
statute); cf. Hallacker v. National Bank & Trust Co.,
806 F.2d 488, 490-93
(3d Cir. 1986) (construing strictly New Jersey Landowners Liability Act).
[N.J.S.A. 2A:62A-1.]
Thus, in derogation of the basic common law principle that one who volunteers
to render assistance must do so reasonably, anyone who rendered care at the
scene of an accident or emergency was immunized from civil liability. One final note. It is important to recognize that it simply does not follow that because a party is amenable to suit, he or she will be liable. The Good Samaritan Act renders a very circumscribed population of emergency volunteers immune from suit. The remainder of our citizens are subject to the ordinary common law rules governing conduct. Thus, for example, if a party has a pre-existing duty to act and breaches it, either by failing to act or performing in a negligent manner, the breach will be actionable. Restatement (Second) of Torts, Division Two, Ch. 12, Topic 4, Scope Note, at 65-66 (1965). In the absence of a pre-existing legal duty, if a party undertakes to act and does so in an unreasonable manner, that conduct will be actionable. Dawson v. Bunker Hill Plaza Assocs., 289 N.J. Super. 309, 327 (App. Div.), certif. denied, 146 N.J. 569 (1996); ONeill v. Suburban Terrace Apartments, Inc., 110 N.J. Super. 541, 545 (App. Div.), certif. denied, 57 N.J. 138 (1970). Whether a volunteers conduct is reasonable depends upon the circumstances, including his or her experience and training. The standard of care to be imposed will vary with . . . the level of skill of the individual, Mapel & Weigel, supra, 21 S. Tex. L. Rev. at 328, and requires careful consideration of all the attending circumstances, including any disability under which the rescuer might be operating -- e.g., physical incapacity as well as the urgency of the situation and the concommitant [sic] need to act quickly. Brandt, supra, 17 Akron L. Rev./u>. at 305 (citing Restatement (Second) of Torts §§ 283C, 296(1) (1977)). No party is required to volunteer in the absence of a pre-existing duty to do so. ONeill, supra, 110 N.J. Super. at 545. The question of duty is one of law to be decided on a case-by-case basis. Pfenninger v. Hunterdon Cent. Regl High School, 167 N.J. 230, 240-41 (2001); Wlasiuk v. McElwee, 334 N.J. Super. 661, 666 (App. Div. 2000). The narrow holding here does not affect those common law principles that govern the conduct of professionals in a hospital setting. It merely carries out the Legislatures intention to carve out, from the ordinary rules of tort liability, a class of volunteers that ministers to victims suffering through the first critical moments after an unexpected event such as a roadside motor vehicle accident, a dwelling fire, a gas pump explosion, a heart attack, or premature labor in a location at which facilities, staff, equipment, sanitation or expertise are limited. Because Dr. Ranzini rendered aid to Mrs. Velazquez in a fully equipped and staffed hospital to which Mrs. Velasquez had been admitted for the purpose of receiving medical care, the Good Samaritan Act did not immunize her from suit. When she assisted in Mrs. Velazquezs delivery, our law imposed on her the obligation to do so in accordance with the applicable standard of care. A jury found her to be negligent to a minimal degree. The Appellate Division upheld that judgment and we see no warrant to interfere with it. Thus, we affirm. CHIEF JUSTICE PORITZ and JUSTICES STEIN, LaVECCHIA, and ZAZZALI join in JUSTICE LONGs opinion. JUSTICE VERNIERO filed a separate dissenting opinion in which JUSTICE COLEMAN joins. SUPREME COURT OF NEW JERSEY A- 105 September Term 2000
CONOR VELAZQUEZ, an infant by his mother and natural guardian, CHARMAINE VELAZQUEZ, CHARMAINE
VELAZQUEZ, individually and as Administratrix of the Estate of CONOR VELAZQUEZ, and JOSE
VELAZQUEZ, individually and as Administrator of the Estate of CONOR VELAZQUEZ,
Plaintiffs-Respondents,
v.
TERESA JIMINEZ, M.D., ST. PETERSS MEDICAL CENTER, ELLEN MAAK, R.N., JEANINE HEALY, R.N.,
and JOHN DOES, M.D.,
Defendants,
and
ANGELA C. RANZINI, M.D.,
Defendant-Appellant.
VERNIERO, J., dissenting. SUPREME COURT OF NEW JERSEY
NO. A-105 SEPTEMBER TERM 2000
CONOR VELAZQUEZ, etc., et al.,
Plaintiffs-Respondents,
v.
TERESA JIMINEZ, M.D., et al.,
Defendants
And
ANGELA C. RANZINI, M.D.,
Defendant-Appellant.
DECIDED May 29, 2002
Footnote: 1 That parable states: A certain man went down to Jerusalem to Jericho, and fell among thieves which stripped him of his raiment, and wounded him, and departed, leaving him half dead. And by chance there came down a certain priest that way: and when he saw him, he passed by on the other side. And likewise a Levite, when he was at the place, came and looked at him, and passed by on the other side. But a certain Samaritan, as he journeyed, came where he was: and when he saw him, he had compassion on him, and went to him, and bound up his wounds, pouring in oil and wine, and set him on his own beast, and brought him to an inn, and took care of him. And on the morrow when he departed, he took out two pence, and gave them to the host and said unto him, Take care of him; and whatsoever thou spendest more, when I come again, I will repay thee. Which of these three, thinkest thou, was neighbour unto him that fell among the thieves. And he said, He that shewed mercy on him. Then said Jesus unto him, Go, do thou likewise. [Luke 10:30-37 (King James).] Footnote: 2 The remaining statutes expressly excluding in-hospital care are: Fla. Stat. Ann. § 768.13(2)(a) (West Supp. 2002); Ind. Code Ann. § 34-30-12-1(a) (Michie Supp. 2001); Ky. Rev. Stat. Ann. § 411.148(1) (Banks-Baldwin 2001); Me. Rev. Stat. Ann. tit. 14, § 164 (West 1980); Minn. Stat. Ann. § 604A.01(2)(b) (West 2002); Ohio Rev. Code Ann. § 2305.23 (Anderson 2001); Or. Rev. Stat. § 30.800(1)(a) (2001); R.I. Gen. Laws § 5-37-14 (1999); Wis. Stat. Ann. § 895.48(1) (West Supp. 2001).
Footnote: 3 When first enacted, five of those statutes contained general language like our own: 1971 Alaska Sess. Laws ch. 119, § 1 (immunizing volunteer who renders care to an injured or sick person, . . . who appears to be in immediate need of aid without specifying location of care) (amended by 1976 Alaska Sess. Laws ch. 102, § 38, to provide immunity to persons rendering emergency care at a hospital or any other location) (codified at Alaska Stat. § 09.65.090(a)); 1 959 Cal. Stat. 1507, § 1 (immunizing care rendered at the scene of the emergency) (codified as amended in Cal. Bus. & Prof. Code § 2144) (amended by 1 976 Cal. Stats. 824, § 1 to provide that scene of an emergency as used in this section shall include, but not be limited to, the emergency rooms of hospitals in the event of a medical disaster) (current version at Cal. Bus. & Prof. Code § 2395 (West 1990)); Colo. Rev. Stat. Ann. § 13-21-108(1) (immunizing emergency care or assistance without compensation at the place of an emergency or accident) (amended by 1990 Colo. Laws, H.B. 90-1065 to extend immunity to care rendered at the place of an emergency or accident, including a health care institution); Mich. Comp. Laws Ann. § 691.1501 (immunizing emergency care at the scene of an emergency) (extended by 1 975 Mich. Pub. Acts 123, § 1, to include care rendered within a hospital or other licensed medical care facility) (codified at Mich. Comp. Laws § 691.1502); and 1961 Tex. Gen. Laws ch. 317, § 1, p. 618 (immunizing care rendered at the scene of an emergency) (amended by 1977 Tex. Gen. Laws ch. 817, § 21.02, p. 2054, to extend immunity to care rendered at the scene of an emergency or in a hospital) (current version at Tex. Civ. Prac. & Rem. Code Ann. § 74.001(c) (West Supp. 2002)).
Footnote: 4 Four enactments, although denominated as Good Samaritan statutes that apply in hospitals, do not provide immunity at all; Good Samaritans in those states are subjected to liability for ordinary negligence. Ark. Code Ann. § 17-95-101(a) (Michie 2002); Haw. Rev. Stat. § 663-1.5(c) (Michie Supp. 2001); Kan. Stat. Ann. § 65-2891(c)&(d) (1992); Miss. Code Ann. § 73-25-37(1) (Supp. 2001).
Footnote: 5 The remaining general language statutes are: Ariz. Rev. Stat. § 32-1471 (West 1992); Iowa Code § 613.17 (West 1999); Md. Code Ann., Cts. & Jud. Proc. § 5-603 (1998); Mass. Gen. Laws Ann. ch. 112, § 12B (West 1996); Mo. Ann. Stat. § 537.037 (West 2000); Mont. Code Ann. § 27-1-714 (2001); Neb. Rev. Stat. Ann. § 25-21,186 (Michie 1995); N.H. Rev. Stat. Ann. § 329:25 (1995); N.M. Stat. Ann. § 24-10-3 (Michie 2000); N.C. Gen. Stat. § 90-21.14 (2001); S.C. Code Ann. § 15-1-310 (Law. Co-op. 1977); S.D. Codified Laws § 20-9-3 (Michie 1995); Tenn. Code Ann. § 63-6-218(b)(1) (Supp. 2001); Utah Code Ann. § 58-13-2 (Supp. 2001); Vt. Stat. Ann. tit. 12, § 519 (1973); Wash. Rev. Code Ann. § 4.24.300 (West 1988); W. Va. Code § 55-7-15 (2000); Wyo. Stat. Ann. § 1-1-120(a) (Michie 2001).
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