Carmella R. Lafage

Summary

The Supreme Court of New Jersey affirmed the trial court, holding that the Wrongful Death Act may be equitably tolled for minor claimants and that the estate’s survivorship action is not subject to such tolling. The Court declined to decide whether the discovery rule applies to wrongful‑death claims, noting that even if it did, the plaintiff’s claim would still be time‑barred. The opinion also recognized a historical common‑law basis for wrongful‑death actions. Separate opinions dissent from the majority’s equitable‑tolling approach and from the recognition of a common‑law cause of action.