Troy Haviland v. Lourdes Medical Center of Burlington County, Inc. (085419) (Burlington County & Statewide)

Summary

The Supreme Court of New Jersey held that the Affidavit of Merit (AOM) statute does not require an affidavit when a plaintiff’s claim is solely vicarious liability against a licensed health‑care facility for the negligent conduct of an employee who is not a licensed person. The Court affirmed the Appellate Division’s decision and remanded for further proceedings, noting that the plaintiff still bears the burden of proving the employee’s negligence at trial.