Opinion

LaFage v. Jani

  • 166 N.J. 412
  • 766 A.2d 1066
  • 2001 N.J. LEXIS 40
Court
Supreme Court of New Jersey
Filed
Feb 22, 2001
Status
Published
Author
Stein
On the bench
Stein, Coleman, Lavecchia
Cited by
61 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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