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SMITH v. WHITAKER

734 A.2d 243 (1999)

160 N.J. 221

Harold E. SMITH, Executor of the Estate of Helen V. Robbins, Deceased, Plaintiff-Respondent, v. Alan L. WHITAKER, Jr., Defendant, 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.

Supreme Court of New Jersey.

Decided July 20, 1999.

Attorney(s) appearing for the Case

John C. Eastlack, Jr., Turnersville, for defendant-appellant (Poplar & Eastlack, attorneys).

Theodore E. Baker, Bridgeton, for plaintiff—respondent (Lummis, Krell & Baker, attorneys).

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 plaintiff's conscious pain and suffering is necessary to sustain a cause of action under the Act. More precisely, because a plaintiff's pain, suffering and apprehension of impending death form the usual measure of...

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