Supreme Court of New Jersey
Dorothy Pope Long, a Mental Incompetent, by Her Guardian Ad Litem, Edward J. MacDonald, Plaintiff-Appellant And…
May 8, 196135 N.J. 44
Summary
The Supreme Court of New Jersey affirmed the lower court's rulings, holding that a widow may sue her deceased husband's estate for his negligent conduct, that the trial court properly dismissed the Landys' case for lack of evidence of negligence, and that the administrator is not entitled to offset insurance proceeds and other assets against any judgment. The court based its decisions on the termination of interspousal immunity upon death and on established collateral source rules.