SHAWN LABEGA VS. HETAL C. JOSHI, M.D., ET AL. (L-3088-18, MIDDLESEX COUNTY AND STATEWIDE) (CONSOLIDATED) (A-3399-20/A-3400-20/A-3401-20/A-3402-20)
The court permitted defendants in this medical malpractice action leave to appeal the trial court's denial of their motions for partial summary judgment on plaintiff's claims for breach of contract and hospital policy based on a third-party beneficiary theory as well as his claims for negligence per se for defendants' alleged violation of the hospital policies incorporated into those contracts. Because well-established precedent makes clear neither cause of action is available to plaintiff in this case as a matter of law, the court reversed the orders and remanded for entry of partial summary judgment for defendants dismissing those claims.
