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

Summary

The New Jersey Supreme Court held that a wrongful death action may proceed despite a prior personal injury judgment, provided the plaintiff avoids duplicating damages already recovered or recoverable; the trial court must hold a hearing to determine permissible damages and may apply a discovery‑rule exception. The Court affirmed the Appellate Division’s judgment in modified form and remanded for further determination.