Petition for certification denied. (See 214 N.J. Super. 379)
Knowledge gained in this fashion is sufficient to render an expert qualified and to serve as a foundation for his opinion. See N.J.R.E. 702 (permitting qualification by knowledge, skill, experience, training or education); Katz v. Rahway Hosp., 214 N.J. Super. 379, 382 (App.Div. 1986) (in an action for damages arising from a mugging in a hospital parking lot, affirming determination to permit testimony by a security expert who lacked specific expertise in hospital security),cert. denied, 107 N.J. 122 (1987).
Not so. In Katz v. Rahway Hosp., 214 N.J. Super. 379 (App.Div. 1986), we ruled that the $10,000 limit of liability applied to damages and did not bar recovery of additional amounts for prejudgment interest and costs. We did not say that interest should be calculated on the verdict before it is reduced in compliance with the statute.
Having found that the punitive damage claim against the hospital should have been dismissed, we decline to address plaintiffs' contention that the hospital can be compelled to pay punitive damages notwithstanding the $10,000 limitation on liability pursuant to N.J.S.A. 2A:53A-8. In any event, for commentary relevant to this issue, see the discussions in Schultz v. Roman Catholic Archdiocese of Newark, 95 N.J. 530, 535-539 (1984); Foldi v. Jeffries, 93 N.J. 533 (1983); Katz v. Rahway Hosp., 214 N.J. Super. 379, 382-385 (App.Div. 1986); Brown v. Anderson County Hospital Ass'n, 268 S.C. 479, 234 S.E.2d 873, 876-877 (1977) (no charitable immunity for hospital's "heedlessness and reckless disregard of the plaintiff's rights"); Bottari, The Charitable Immunity Act, 5 Seton Hall Legis. J. 61 (1980); Tort Immunity of Nongovernmental Charities — Modern Status, 25 A.L.R.4th 517 (1983). THE CONSTITUTIONAL ATTACK ON N.J.S.A. 2A:53A-8