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ALFONE v. SARNO

168 N.J. Super. 315 (1979)

403 A.2d 9

ALPHONSE ALFONE, GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF CONCETTA ALFONE, DECEASED, PLAINTIFF-APPELLANT, v. ANTHONY SARNO, M.D., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1979.

Attorney(s) appearing for the Case

Mr. Clark E. Alpert argued the cause for appellant (Messrs. Blume, Kalb & Weisman, attorneys for appellant).

Ms. Sharon T. Jacobson argued the cause for respondent (Messrs. Shanley & Fisher, attorneys for respondent).

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by KING, J.A.D.

This case presents the question of whether the representative plaintiff may sue on behalf of the surviving pecuniary beneficiaries of the deceased under our Wrongful Death Act, N.J.S.A. 2A:31-1 et seq., where the deceased during her lifetime had obtained a judgment in a personal injury action against defendant, which was ultimately satisfied, based upon the same negligent acts which allegedly caused...

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