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SMITH v. WHITAKER

713 A.2d 20 (1998)

313 N.J. Super. 165

Harold E. SMITH, Executor of the Estate of Helen Robbins, Deceased, Plaintiff-Respondent Cross-Appellant, v. Alan L. WHITAKER, Jr., Defendant-Respondent, and Coastal Oil of New York, Inc., (incorrectly pled as Coastal Oil Company of New York, Inc., and formerly known as Belcher Company of New York, Inc.), Defendant-Appellant Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 1998.

Attorney(s) appearing for the Case

John C. Eastlack, Jr., Turnersville, for defendant-appellant/cross-respondent (Poplar & Eastlack, attorneys; Mr. Eastlack, on the brief).

Theodore E. Baker, Bridgeton, for plaintiff-respondent/cross-appellant (Lummis, Krell & Baker, attorneys; Mr. Baker, on the brief).

Before Judges KING, KESTIN and CUFF.

The opinion of the court was delivered by KING, P.J.A.D.

I

This case involves claims for wrongful death and survival action damages. Plaintiff obtained a modest compensatory award of $40,178 (plus the net funeral and burial expenses of $3,939) under the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6, and a punitive damage award of $1.25 million under the Survivor's Act, N.J.S.A. 2A:15-3. Defendant Coastal...

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