Wrongful Death Posts

In the published opinion, Memudu v. Gonzalez, et. al., the Appellate Division declined to apply the statutory bar of N.J.S.A. 39:6A-4.5(a) to a plaintiff’s claim involving the second of two accidents occurring at the same location approximately a half hour apart and found that the decedent was not “operating” the uninsured vehicle at the time of the second collision. Id. at *2.

On October 26, 2019, the decedent was driving a 2007 Lexus southbound on the New Jersey Turnpike in Edison when he was rear-ended

On July 14, 2022, the Appellate Division issued an opinion in the matter of Monk v. Kennedy University Hospital, Inc. (A-3361-20). The opinion, which was approved for publication, considered whether the Legislature intended to apply the minority tolling provision to the Wrongful Death Act. The court ultimately determined...

On January 20, 2022, the Appellate Division in the Estate of Dunmore v. Pleasantville Bd. of Educ., decided an issue of first impression: whether a parent’s tort claims notice for a Portee claim filed ninety-one days after a tragic shooting and eighty-six days after the child’s death was timely. Portee v. Jaffee, 84 N.J. 88 (1980) (referring to a claim for negligent infliction of emotional distress). Borrowing principles from N.J.S.A. 2A:14-2.1, the Appellate Division concluded that the claim was timely.

On November 15, 2019, the respondent, Angela Tennant, and her ten-year-old son, Micah Dunmore, were attending a high school football game at Pleasantville High School when an individual fired a gun into the stands...