ALFONSE ALFONE, GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF CONCETTA ALFONE, DECEASED, PLAINTIFF-RESPONDENT,
v.
ANTHONY SARNO, M.D., DEFENDANT-APPELLANT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued January 21, 1980.
Reargued November 17, 1980.
Decided July 20, 1981.
Attorney(s) appearing for the Case
Thomas F. Campion argued the cause for appellant (Shanley & Fisher, attorneys; Thomas F. Campion, Richard E. Brennan and Sharon T. Jacobson, on the briefs).
John M. Blume argued the cause for respondent (Blume & Weiseman, attorneys).
Henry G. Morgan submitted a brief on behalf of amici curiae General Accident Group, The Home Insurance Company, Ohio Casualty Insurance Company, Maryland Casualty Insurance Company and Zurich Insurance Company (Morgan, Melhuish, Monaghan & Spielvogel, attorneys; Kathleen F. Moran, on the brief).
William B. McGuire submitted a brief on behalf of amicus curiae Medical Inter-Insurance Exchange (Lum, Biunno & Tompkins, attorneys; Robert W. McAndrew and William J. Prout, Jr., on the briefs).
Hugh P. Francis submitted a brief on behalf of amici curiae American Insurance Association and Alliance of American Insurers (Francis & Berry, attorneys; J. Raymond Berry, of counsel).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by PASHMAN, 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...
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