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Cooper Medical Center v. 1

New Jersey Superior Court, Appellate Division


Decided: January 31, 1986.

COOPER MEDICAL CENTER, PLAINTIFF-APPELLANT,
v.
JOHN JOHNSON,*FN1DEFENDANT, AND TOWNSHIP OF PENNSAUKEN, DEFENDANT-RESPONDENT AND THIRD PARTY PLAINTIFF, V. INSURANCE COMPANY OF NORTH AMERICA, THIRD PARTY DEFENDANT

On appeal from Superior Court of New Jersey, Law Division, Special Civil Part, Camden County. Reported at 204 N.J. Super. 79 (Law Div.1985).

Fritz, Brody and Gaynor, JJ.

Per Curiam

[208 NJSuper Page 38] Plaintiff appeals from an order dismissing its complaint against the Township of Pennsauken, which order also dismissed the third party complaint of the Township against the Insurance Company of North America. We affirm, substantially for the reasons expressed by Judge Talbott in her opinion in the trial court. 204 N.J. Super. 79 (Law Div.1985).

[208 NJSuper Page 39]

Whether the observation of the United States Supreme Court in Revere v. Massachusetts General Hospital, 463 U.S. 239, 245, 103 S. Ct. 2979, 2983, 77 L. Ed. 2d 605 (1983) that "[i]f, of course, the governmental entity can obtain the medical care needed for a detainee only by paying for it, then it must pay," is considered to be dictum (as Judge Talbott believed and as we think it is) or not, the fact is that that situation was not here present. Accordingly, we need not here decide the particular issue.

The same result is reached respecting the argument that payment to plaintiff is mandated by state constitutional law, briefed for the first time here. The trial judge was not asked to determine that issue since the point was not briefed there.*fn2 Accordingly, we need not and will not consider it here. See Nieder v. Royal Ind. Ins. Co., 62 N.J. 229, 234 (1973).

The several policy arguments addressed to this court by plaintiff are not without some persuasion. However, it is the Legislature whose eye must be caught with respect to such matters.

Affirmed.


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