Supreme Court of New Jersey

Harold E. Smith v. Robbins, Deceased, Plaintiff-Respondent, v. Alan L. Whitaker…

July 20, 1999160 N.J. 221

Summary

The Supreme Court affirmed that punitive damages are available under the Survivor's Act even when no compensatory damages for pain and suffering are awarded, that conscious pain is not required for such damages, that the 1995 amendment to the Punitive Damages Act does not apply, and that the $1.25 million award was not excessive.