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HEYMAN v. GORDON

40 N.J. 52 (1963)

190 A.2d 670

NATHAN HEYMAN, ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF NETTIE GORDON, DECEASED, PLAINTIFF-APPELLANT, v. HARRY GORDON, DEFENDANT-RESPONDENT, AND CHARLES SCHNEBER, DEFENDANT.

The Supreme Court of New Jersey.

Decided May 6, 1963.

Attorney(s) appearing for the Case

Mr. Marvin N. Rimm argued the cause for plaintiff-appellant (Messrs. Finn and Rimm, attorneys; Mr. Rimm, of counsel).

Mr. Augustine A. Repetto argued the cause for defendant-respondent (Messrs. Bolte and Repetto, attorneys; Mr. Repetto, of counsel).

The opinion of the court was delivered by HALL, J.

This litigation involves another aspect of intra-family tort actions. May a wrongful death action for the sole benefit of an unemancipated minor child be maintained against the father grounded on the latter's alleged negligence which resulted in the death of the wife and mother?

The death occurred from an automobile collision between cars driven by defendants Gordon and Schneber. Mrs. Gordon, the decedent...

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