# LaFage v. Jani

> Supreme Court of New Jersey · February 22, 2001 · 166 N.J. 412

URL: https://www.frixlaw.com/law-library/cases/9727046

## Case

- **Full name:** Carmella R. Lafage, Individually; Carmella R. Lafage, as Executrix of the Estate of Richard A. Lafage, Deceased, Plaintiff, v. Devendra Jani, M.D.; Diana Mathias, R.N.; Diane Klein, R.N.; Karen Martin, R.N.; John Hobson, R.N.; D.L. Seals, R.N. and Victoria Mills, R.N.; Defendants-Appellants and Cross-Respondents, and Jane Doe, R.N. Being a name/names Fictitious (No. 1 Through No. 6), Defendants, v. Angelo J. Falciani, Pa and Angelo J. Falciani, Esquire, Intervenors-Respondents and Cross Appellants
- **Court:** Supreme Court of New Jersey
- **Decided:** February 22, 2001
- **Citations:** 166 N.J. 412; 766 A.2d 1066; 2001 N.J. LEXIS 40
- **Precedential status:** Published
- **Opinion:** Concurrence by Stein
- **Judges:** Stein, Coleman, Lavecchia
- **Cited by:** 61 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9727046

## How later opinions describe it (automated extraction)

- 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
- declining "to address the broader question [of] whether the discovery rule generally should be applicable to Wrongful Death Act claims”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9727046. Public record. Not legal advice.