Legal Opinion
Alfone v. Sarno
Supreme Court of New Jersey
Decided July 20, 1981PublishedCited by 68 opinions
1Opinion of the Court
The opinion of the Court was delivered by
*102PASHMAN, J.
This case required us to consider the scope of the statutory action for wrongful death, N.J.S.A. 2A:31-1 to -6. At issue is whether a judgment for damages in a personal injury suit brought by the decedent during her lifetime precludes a later action for wrongful death on behalf of her heirs or dependents. We hold that a death action may be brought if the recovery is tailored to avoid duplicating elements of damages which comprised or could have comprised the earlier judgment.
I
Facts
The underlying facts are not in dispute. Plaintiff is the…
2Cases cited44 opinions
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Goodman v. Mead Johnson & Co.Court of Appeals for the Third Circuit · 1976
- Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
- Lopez v. SwyerSupreme Court of New Jersey · 1973
- Portee v. JaffeeSupreme Court of New Jersey · 1980
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3Cited by68 opinions
- Brown v. Drillers, Inc.Supreme Court of Louisiana · 1994
- Russell v. Ingersoll-Rand Co.Texas Supreme Court · 1992
- Oswin v. ShawSupreme Court of New Jersey · 1992
- Alexander v. WhitmanCourt of Appeals for the Third Circuit · 1997
- Varelis v. Northwestern Memorial HospitalIllinois Supreme Court · 1995
63 more not listed; retrieve them via the Exa API.