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LAWLOR v. CLOVERLEAF MEMORIAL PARK, INC.

56 N.J. 326 (1970)

266 A.2d 569

C. LLOYD LAWLOR, AS EXECUTOR OF THE ESTATE OF EDITH LAWLOR AND C. LLOYD LAWLOR, INDIVIDUALLY, PLAINTIFF-APPELLANT, CROSS-RESPONDENT, v. CLOVERLEAF MEMORIAL PARK, INC., A CORPORATION, AND CLOVERLEAF MEMORIAL PARK ASSOCIATION, DEFENDANTS-RESPONDENTS, CROSS-APPELLANTS, v. JOSEPH LEPREE AND THE RAHWAY HOSPITAL, THIRD-PARTY DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 22, 1970.

Attorney(s) appearing for the Case

Mr. Kenneth J. McGuire argued the cause for the plaintiff-appellant and cross-respondent (Messrs. Stein, Bliablias & Goldman, attorneys).

Mr. Stephen J. Foley argued the cause for the defendants-respondents and cross-appellants (Messrs. Campbell, Mangini, Foley, Lee & Murphy, attorneys).

Mr. Daniel K. Van Dorn argued the cause for the defendant-respondent The Rahway Hospital (Messrs. Gleeson, Hansen & Pantages, attorneys).

Mr. Thomas T. Chappell argued the cause for the defendant-respondent Dr. Joseph Lepree (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys; Mr. William J. Cleary, Jr., on the brief).

The opinion of the court was delivered by JACOBS, J.

The Law Division granted summary judgment in favor of Cloverleaf along with summary judgment in favor of Dr. Lepree and The Rahway Hospital insofar as the plaintiff's claims against them under the Survival Act (N.J.S.A. 2A:15-3) were concerned. It denied summary judgment with respect to the plaintiff's claims against the Doctor and the Hospital under the Wrongful Death Act (N.J.S.A. 2A:31-1 et seq...

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