Labega v. Joshi

The New Jersey Appellate Division reversed the trial court’s grant of summary judgment. Plaintiff sued Defendant-appellants alleging medical negligence and vicarious liability for the negligent acts of their agents or employees. Three months before the discovery deadline, Plaintiff moved to file a third amended complaint to assert seven new counts alleging causes of action for breach of contract and negligence per se. Defendants moved for summary judgment on the claims for breach of contract based on a third-party beneficiary theory as well as the claims for negligence per se for Defendants’ alleged violation of the hospital policies incorporated into those contracts. The trial court denied Defendants’ motion. The Appellate Division reversed and held that “well-established precedent makes clear neither cause of action is available to Plaintiff.”

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