finding that wrongful death statute contemplates tolling for minors despite statute's silence
How later courts described this case
- finding that wrongful death statute contemplates tolling for minors despite statute's silence
- noting lack of uniformity in decisional law with respect to equitable tolling for minors, and applying minority equitable tolling to New Jersey Wrongful Death Act
- “The running of a procedural statute of limitations bars only the remedy, not the right that existed at common law.”
- declining "to address the broader question [of] whether the discovery rule generally should be applicable to Wrongful Death Act claims”
Written by the judges who cited it.
The opinion
STEIN, J.,
concurring
I join in the Court’s disposition of this appeal and in its thoughtful and persuasive opinion. I do not, however, join in Part III of the opinion recognizing a common-law cause of action for wrongful death because, in my view, we need not address or resolve that issue to decide this appeal.
For affirmance as modified — Chief Justice PORITZ and Justices STEIN, COLEMAN, LONG and ZAZZALI — 5.
Concurring in parti Dissenting in part — Justices VERNIERO and LaVECCHIA — 2.