Alfonse Alfone, General Administrator and Administrator Ad Prosequendum of the Estate of Concetta Alfone, Deceased…

Summary

The Supreme Court of New Jersey held that a wrongful death action under N.J.S.A. 2A:31-1 to -6 may proceed despite a prior personal injury judgment, provided the damages sought are tailored to avoid duplicating elements recovered in the earlier suit. The Court also ruled that liability issues already decided are preclusive, but the trial court must conduct a hearing to determine which damages are permissible, applying a discovery‑rule exception for injuries not reasonably discoverable at the time of the earlier action. Justice Clifford dissented, arguing that the statutory language makes the wrongful death claim wholly derivative and therefore barred.