NJ Appeals Court: Minority Tolling Provision Does Not Apply to Minor Decedents
"The Legislature specifically addressed liability for acts that occurred to a person who has died when it drafted the Wrongful Death Act and plainly intended all wrongful death cases be filed within two years of a decedent's death," stated the judge. "Because the Act is limited in its application to those already deceased, had the Legislature intended to apply minority tolling to claims brought on behalf of deceased minors, it would have stated so explicitly."
July 14, 2022 at 03:30 PM
4 minute read
In a precedential decision, a New Jersey appeals court mulled whether the Legislature intended for application of the minority tolling provision when it drafted the Wrongful Death Act, ultimately determining that it did not.
The plaintiffs in the case, Shenise Monk and Jordi Wilson, alleged medical malpractice, negligence, corporate negligence, and a claim pursuant to the WDA against Kennedy University Hospital and members of its medical staff on behalf of their infant son, who passed away at 6 moths old. At trial, the case was allowed to proceed when the court found the minority tolling provision applied.
In her written opinion for the court, Judge Maritza Berdote Byrne, on temporary assignment to the Appellate Division, stated that the complaint alleged negligence and medical malpractice regarding both Monk's prenatal care and the baby's delivery and subsequent care at Kennedy. However, the plaintiffs conceded that the matter was brought on behalf of the minor plaintiff only.
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