Kalko v. Solaris Health Sys.,
No. A-1814-01T2 (N.J. Super. App. Div. Mar. 17, 2003)

The Superior Court of New Jersey, Appellate Division, reversed a trial court judgment in favor of a physician who had been suspended for smoking in a hospital. The court noted that the trial court had improperly reviewed the merits of the suspension, rather than applying the limited judicial review that is appropriate in cases involving disciplinary actions imposed by hospital boards. Accordingly, the court applied the appropriate level of review, found that the Board had reasonable evidence to support its decision, and, accordingly, dismissed the physician's suit.