Ginsberg v. Quest Diagnostics, Inc.

Plaintiffs Tamar and Ari Ginsberg, now New Jersey residents, lived in New York during Tamar's pregnancy and at the time of the birth of their daughter, Abigail. Abigail tragically died from Tay-Sachs disease, a genetically inherited, incurable neurological disorder, at the age of three. Plaintiffs sued a New York laboratory owned and operated by defendant Quest Diagnostics Incorporated (Quest), a New Jersey-based medical testing company, alleging failure to provide correct blood test results when Ari sought to determine whether he was a Tay-Sachs carrier. Quest, in turn, asserted a third-party claim against Mount Sinai Medical Center, Inc., a New York hospital, which allegedly tested Ari's blood sample in New York pursuant to its contract with Quest. Plaintiffs also sued several New Jersey-domiciled defendants whom they alleged to have provided plaintiff Tamar with negligent advice and treatment in New Jersey. The issue this case presented for the New Jersey Supreme Court's review in this interlocutory appeal was whether the choice-of-law principles set forth in 146, 145, and 6 of the Restatement (Second) of Conflict of Laws (1971) should have been applied uniformly to all defendants in a given case, or whether courts should undertake a defendant-by-defendant choice-of-law analysis when the defendants are domiciled in different states. Although the appellate panel agreed that New Jersey and New York law diverged in material respects, it concluded that New York constituted the place of injury because it was the state of plaintiffs' domicile during Tamar's pregnancy, the state in which prenatal testing would have been conducted and the pregnancy would likely have been terminated, and the state in which Abigail was born. The panel then considered the contacts set forth in Restatement 145 and the principles stated in Restatement 6 to determine whether New Jersey had a more significant relationship to the parties and the issues than New York. The panel rejected the trial court's assumption that the law of a single state must govern all of the issues in this lawsuit and instead undertook separate choice-of-law analyses for the New Jersey and New York defendants. The panel found that the presumption in favor of New York law was overcome with regard to the New Jersey defendants, but not with regard to Quest and Mount Sinai. Finding no reversible error in the appellate court's decision, the New Jersey Supreme Court affirmed. View "Ginsberg v. Quest Diagnostics, Inc." on Justia Law