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Saturday, April 30, 2011

GERALDINE MURRAY, ET AL. VS. PLAINFIELD RESQUE SQUAD, ET AL. A-2906-08T1

GERALDINE MURRAY, ET AL. VS. PLAINFIELD RESQUE SQUAD,

ET AL.

A-2906-08T1 03-30-11

Although members of a municipal rescue squad who responded

to a shooting were not entitled to immunity under N.J.S.A.

2A:62A-1, the Good Samaritan Act, because they had a duty to

respond, they were entitled to immunity under N.J.S.A. 26:2K-29

because plaintiffs failed to establish the members either did

not act in an objectively reasonable manner or lacked subjective

good faith.

Plaintiffs also failed to present a prima facie case

against the owner and operator of a mobile intensive care unit

dispatched to the scene. Plaintiffs' expert report with

respect to causation contained only a net opinion, and

plaintiffs' expert with respect to negligence expressed no

opinion regarding the mobile intensive care unit.

The trial court correctly granted summary judgment and

dismissed the complaint.