Legal Opinion · Dissent
Alfone v. Sarno
Supreme Court of New Jersey
Decided July 20, 1981Published
1DissentClifford, J.
It is well to recall occasionally that “the figure of justice is conventionally portrayed as carrying a pair of scales, not a cornucopia.” Fleming, The Lost Years: A problem in the Computation and Distribution of Damages, 50 Calif.L.Rev. 598, 603 (1972) (quoting Innes v. Visser, [1936] So.Afr.L.R. 44, 45 (W.L.D.)).
The question presented by this case is whether a decedent’s recovery during her lifetime for injuries that led to her death will bar an action for wrongful death under the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6. I would answer this question in the affirmative, following over…
2Cases cited27 opinions
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- The HarrisburgSupreme Court of the United States · 1886
- Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
- Mobil Oil Corp. v. HigginbothamSupreme Court of the United States · 1978
- American Export Lines, Inc. v. AlvezSupreme Court of the United States · 1980
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