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MERCADO v. TRANSPORT OF NEW JERSEY

176 N.J. Super. 234 (1980)

422 A.2d 800

AIDA M. MERCADO, ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE ESTATE OF LUIS MEDINA, DECEASED, AND AIDA M. MERCADO, INDIVIDUALLY, PLAINTIFFS, v. TRANSPORT OF NEW JERSEY AND SUMNER HUGHES, JR., DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided September 19, 1980.

Attorney(s) appearing for the Case

Marvin Pincus for plaintiffs (Miller & Pincus, attorneys).

Craig W. Miller for defendants (Zavesky, Kelly, Madden & Van Dorn, attorneys).

YANOFF, J.S.C.

This is an application of the principles laid down in Portee v. Jaffee, 84 N.J. 88 (1980).

Plaintiff personally, as general administratrix and as administratrix ad prosequendum, sued for the death of her eight-year-old son in three causes of action: (1) her own emotional injuries; (2) an action under the Death Act, N.J.S.A. 2A:31-5, in which loss of companionship is the only claim; (3) for...

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