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Sunday, August 8, 2021

Estate of Hiram A. Gonzalez v. The City of Jersey City

 Estate of Hiram A. Gonzalez v. The City of Jersey City (084381) (Hudson County & Statewide) (A-19-20; 084381)

The immunities from liability provided by the Good Samaritan Act, N.J.S.A. 26:2B-16, and most TCA provisions invoked by defendants do not apply here. Defendants’ actions may be entitled to qualified immunity under certain TCA provisions on which defendants rely, however, if the involved officers’ actions were discretionary, rather than ministerial, in nature. In this instance, because of a factual dispute, that determination is for the jury to make upon remand.