Regina M. Giardina and Peter Giardina, Co-Administrators Ad Prosequendum for the Estate of John Giardina…

Summary

The Supreme Court of New Jersey affirmed the appellate court’s grant of summary judgment, holding that the New Jersey Wrongful Death Act does not provide a cause of action for the death of a fetus. The Court reasoned that the statutory term “person” was intended to exclude unborn children and that legislative history and common‑law origins support this interpretation. While recognizing a common‑law cause of action for emotional distress, the Court concluded the statutory remedy is unavailable.