NJ Rehab Center Fails to Escape Covid-19 Gross Negligence Claim

A New Jersey man’s widow can proceed with a gross negligence claim against a Teaneck rehabilitation facility that allegedly caused his death by failing to implement procedures and policies to stop Covid-19’s spread, a state appeals court said.

The state’s Covid-19 immunity statute, however, barred an ordinary negligence claim, and insufficient expert affidavits attesting to the standard of care and its breach precluded the rest of the case from going any further, the New Jersey Superior Court, Appellate Division, said in an unpublished opinion Monday. The judges sent the case back to the trial court to reopen discovery and identify ...