Smith v. Whitaker

The opinion of the Court was delivered by

STEIN, J.

This appeal concerns the availability of punitive damages under the Survivor’s Act, N.J.S.A. 2A:15-3, and requires us to determine whether evidence of a plaintiffs conscious pain and suffering is necessary to sustain a cause of action under the Act. More precisely, because a plaintiffs pain, suffering and apprehension of impending death form the usual measure of damages under the Survivor’s Act, the issue is whether a survival action -will lie where, as here, the plaintiffs death appears to have been actually or nearly simultaneous with…